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...Mark Cuban have a duty to Mamma.com? That question will take center court as the Securities and Exchange Commission (SEC) sues Cuban, an Internet entrepreneur and owner of the Dallas Mavericks basketball team, for selling his stake in the Web company after the CEO slipped him nonpublic information about an additional stock offering. Cuban, known for his outsize personality, has come out swinging against the SEC and what he calls its "win at any cost ambitions," promising to keep the case - and the murkiness of insider trading law - in the public spotlight in a way not seen since Martha Stewart...
...Mark Cuban, the guy, is just a shareholder - he has no obligation," says Jonathan Macey, a professor of securities law and deputy dean at the Yale School of Management. "The critical question is if anything happened in that phone call that gave rise to a promise." Under an SEC rule adopted in 2000, if Cuban agreed to keep the information confidential, then he had a "duty of trust or confidence...
...pharmaceutical executive selling stock right before the FDA fails to approve a new drug - the law is substantially less black and white. In 1934 Congress passed the Securities Exchange Act but didn't specifically address the topic of insider trading; it was only in the 1960s that the SEC began to bring cases under the law's antifraud statutes. Toward the end of that decade, courts codified the SEC's actions in case law, locking down the idea that everyone in the marketplace should get roughly equal access to information. (See the best and worst sports executives...
...SEC has been operating under this "misappropriation theory" ever since. A key 1997 Supreme Court decision upheld the conviction of a lawyer who bought securities tied to Pillsbury while his law firm was representing a company trying to take over the baking-products outfit. The court found that using such confidential information "constitutes fraud akin to embezzlement - the fraudulent appropriation to one's own use of the money or goods entrusted to one's care by another." (Read TIME's 10 Questions with Mark Cuban...
What was actually said during the conversation is a point of contention. The SEC holds that Cuban was made aware of the sensitive nature of what was about to be told to him; that he understood he would have to keep it confidential; and that he still agreed to hear it. But the day after charges were filed, Cuban's attorney posted an entry on Cuban's blog bluntly saying, "There was no agreement to keep information confidential." The post also included a partial transcript of an exchange between Mamma.com's former CEO and Cuban's lawyer in which...