Insider Trading After ‘Newman’—What’s Left to Resolve?

November 4, 2015  |  New York Law Journal

The Second Circuit’s decision in United States v. Newman reshaped the law of insider trading. Now that the Supreme Court has declined to review Newman, this article explores key issues that Newman left unresolved. We consider recent efforts by defense counsel to capitalize on Newman and other potential arguments based on the rule of lenity and separation of powers. We also address calls for insider trading legislation by two prominent Southern District judges.

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