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https://www.sec.gov/litigation/complaints/2008/comp20810.pdf
COMPLAINT Plaintiff Securities and Exchange Commission ("Commission") alleges as follows: SUMMARY OF ALLEGATIONS 1. The Commission charges Defendant Mark Cuban ("Cuban") with committing securities fraud by engaging in illegal insider trading. Despite agreeing in June 2004 to keep
https://www.casebriefs.com/blog/law/business-associations/business-associations-keyed-to-hamilton/rule-10b-5-insider-trading-and-securities-fraud/securities-and-exchange-commission-v-cuban/
Securities and Exchange Commission v. Cuban Case Brief - Rule of Law: A shareholder does not undertake a duty of non-use of information sufficient to support a claim of insider trading under the misappropriation theory where the shareholder agrees to keep nonpublic material information confidential, but does not agree he will not t...
https://corpgov.law.harvard.edu/2019/04/11/the-sec-v-mark-cuban/
Apr 11, 2019 · In my recently published book, The Securities and Exchange Commission v.Cuban—A Trial of Insider Trading (Twelve Tables Press 2019) (ISBN 978-1-94607-4249), I focus on the Securities and Exchange Commission’s (SEC) enforcement action against Mark Cuban for allegedly engaging in illegal insider trading. This litigation was far from standard fare. Unlike the vast majority of SEC …
https://www.law.du.edu/documents/corporate-governance/securities-matters/SEC-v-Cuban-128705260-Cuban-Opinion.pdf
In Cuban I the court dismissed the SEC’s complaint under Rule 12(b)(6). It 1There is one other published opinion in this case. In SEC v. Cuban, 798 F.Supp.2d 783 (N.D. Tex. 2011 ) (Fitzwater, C.J.), the court granted the SEC’s motion to strike Cuban’s affirmative defense of unclean hands, holding that Cuban had not adequately pleaded the
https://www.law.du.edu/corporate-governance/sec-and-governance/sec-v-cuban
Brief of Amici Curiae in Support of Defendant’s Motion to Dismiss SEC v Cuban No 308 cv 250 D N D Tx Nov 17 2008 SEC ’s Memorandum of Law in Opposition to Defendant Mark Cuban’s Motion to Dismiss
https://www.sec.gov/litigation/briefs/2010/cubanbrief0110.pdf
district court, in dismissing the Commission’s complaint alleging insider trading violations, erroneously failed to apply a valid Commission rule that, by its plain terms, applies to Cuban’s conduct as alleged in the complaint. The district court ... SEC v. Cuban, 634 F. Supp. 2d 713, 717 n.2
https://katten.com/effects-of-the-cuban-decision-on-the-misappropriation-theory-of-insider-trading-08-05-2009
Aug 05, 2009 · On July 17, a federal district court in Dallas dismissed the complaint of the Securities Exchange Commission in SEC v.Cuban, 3:08-cv-02050-D, 2009 WL 2096166 (N.D.Tex July 17, 2009), a case in which the court addressed the misappropriation theory of insider trading liability.Under the misappropriation theory, a person commits fraud when he misappropriates confidential information for ...
https://h2o.law.harvard.edu/collages/3173
According to the SEC's complaint, in March 2004 Cuban purchased 600,000 shares, or a 6.3% stake, in Mamma.com, a Canadian company that operated an Internet search engine and traded on the NASDAQ. In the spring of 2004, Mamma.com decided to raise capital through a PIPE offering.
https://www.quimbee.com/cases/securities-and-exchange-commission-v-cuban
A summary and case brief of Securities and Exchange Commission v. Cuban, 634 F.Supp.2d 713 (2009), including the facts, issue, rule of law, holding and reasoning, key terms, and concurrences and dissents.
https://www.courtlistener.com/opinion/175619/sec-v-cuban/
Sep 21, 2010 · We differ from the district court in reading the complaint and need not reach the latter issues. The complaint alleges that, in March 2004, Cuban acquired 600,000 shares, a 6.3% stake, of Mamma.com. Later that spring, Mamma.com decided to raise capital through a PIPE offering on the advice of the investment bank Merriman Curhan Ford & Co.
https://www.fedseclaw.com/2011/12/articles/insider-trading/sec-v-mark-cuban-the-discovery-disputes-continue-and-provide-insight-into-the-strategy-of-the-commission-and-defense/
Dec 21, 2011 · The SEC brought its insider trading case against Mark Cuban in November 2008, alleging that Mr. Cuban, who was aware of the planned PIPE offering by Mamma.com, sold his entire stake in the company prior to the announcement of the offering in June 2004, avoiding a $750,000 loss. SEC v. Cuban No. 3-08-cv
https://www.jdsupra.com/legalnews/securities-law-alert-sec-v-cuban-what-32450/
Securities Law Alert: SEC v. Cuban: What the Decision Means For Insider Trading Liability and Confidentiality Agreements 7/23/2009 On July 17, 2009, a federal judge in the United States District ...
https://corpgov.law.harvard.edu/2009/02/05/sec-vs-mark-cuban/
The SEC complaint essentially alleges that Mark Cuban committed insider trading when, according to the complaint, he sold stock in a company in which he was a large shareholder (but not a director or officer) after receiving material, non-public information from the company. The basis for the SEC’s claim of insider trading is the allegation ...
https://www.secactions.com/sec-v-cuban-another-major-loss-for-the-sec/
Oct 16, 2013 · SEC v. Cuban, Civil Action No. 3-08-CV-2050 (N.D. Tx.) is the high stakes insider trading case against the owner of the Dallas Mavericks. The jury returned a verdict yesterday against the SEC and in favor of Mr. Cuban. This is another loss in another major courtroom battle for the Commission. To be sure, the case was challenging from the beginning.
https://www.fedseclaw.com/2011/11/articles/sec-news/sec-v-mark-cuban-the-discovery-fight-continues-this-time-the-sec-moves-to-compel-information-from-mr-cuban-regarding-events-during-the-investigation/
Nov 23, 2011 · SEC v. Cuban No. 3-08-cv-2050 (N.D. Tex. filed Nov. 17, 2008). Mr. Cuban moved to dismiss the Complaint on the grounds that the SEC did not adequately allege that he owed Mamma.com a fiduciary or similar duty of trust and confidence.
https://www.milbank.com/images/content/5/6/560/100610-SEC-v-Mark-Cuban-Client-Alert.pdf
The decision, SEC v. Cuban, reinstates an enforcement action that had been dismissed by a district court judge in Texas. It was one of numerous cases brought several years ago by the SEC against investors who sold stock (or sold short) after learning about imminent offerings for “private investment in public equity,” or PIPEs.
https://www.mondaq.com/unitedstates/CorporateCommercial-Law/227718/SEC-v-Cuban
Mar 19, 2013 · Reading the complaint in the light most favorable to the SEC, the Court held that the complaint failed to state a cause of action for insider trading because the SEC had failed to adequately plead that Cuban had agreed to refrain from trading on the stock until after the PIPE.Author: Christian Moffitt
https://www.lexology.com/library/detail.aspx?g=32aee8c0-3437-49f6-84df-357499d447b7
Dec 21, 2011 · Mark Cuban - the discovery disputes continue and provide insight into the strategy of the Commission and defense ... SEC v. Cuban, No. 09-10996, slip ... a complaint …
https://www.smu.edu/Law/News-Events/2019/May/Prof-Marc-Steinberg-Texas-Lawbook-Book-Review
New Book on SEC v. Cuban Provides a Compelling Look at a Big-Stakes Securities Case If you wanted to attend the U.S. Securities & Exchanges Commission’s federal insider trading trial against Mark Cuban but you weren’t able to, a new book that’s hit the
https://securitiesdiary.com/tag/sec-v-cuban/
Posts about SEC v. Cuban written by Straight Arrow. We have previously discussed the controversial decision of the SEC’s Division of Enforcement to move enforcement actions cases from the federal district courts to the SEC’s administrative court process.
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