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The House claims it is merely codifying and clarifying existing law, but ITPA actually turns it on its head. Because insider-trading law is based on antifraud statutes, courts have made clear that a defendant can’t be held liable unless he acted with intent to defraud or had a duty not to use the information for […]
On December 5, 2019, by an overwhelming 410-13 majority, the U.S. House of Representatives passed the “Insider Trading Prohibition Act” (the “ITPA” or the “Act”). While still subject to Senate approval, the passage of the ITPA in the House is significant because it shows wide, bi-partisan approval for codifying – and potentially broadening – the […]
Nevertheless, the proposed Insider Trading Prohibition Act (H.R. 2534) (Act) could clarify the legal haziness that financial institutions, corporate executives, and casual investors regularly wrestle, and at the same time raise new legal issues. As one of a few bills receiving bipartisan support in such a charged political environment, it appears that some version of […]