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...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...

Author: /time Magazine | Title: Is Mark Cuban Guilty of Insider Trading? | 11/20/2008 | See Source »

...initial legal theory didn't last forever. By the 1980s, the Supreme Court had ruled that equal access was too broad a policy, and that for insider trading to be illegal a person had to breach a fiduciary duty - a trust that had been established between that person and the company. In one landmark case, the court overturned the conviction of a printer of financial documents who bought shares of companies he knew were takeover targets. The prosecutors, the court found, hadn't proved the man's responsibility to the firms involved in the transactions. At the same time...

Author: /time Magazine | Title: Is Mark Cuban Guilty of Insider Trading? | 11/20/2008 | See Source »

...case against Cuban comes down to whether or not he had a duty that he breached to Mamma.com, its CEO and its shareholders. That potential duty, one of "trust or confidence" in legal parlance, revolves around a phone conversation Cuban had in 2004 with Mamma.com's then CEO after the executive e-mailed Cuban to call as soon as possible. When Cuban did, he found out about the company's pending financing deal that would dilute existing shareholders. He promptly got rid of his shares before the information was made public...

Author: /time Magazine | Title: Is Mark Cuban Guilty of Insider Trading? | 11/20/2008 | See Source »

...anew on Afghanistan and Pakistan, including sending two more combat brigades to Afghanistan and coordinating the counterterror fight more closely with Islamabad. In office, though, Obama may well wind up playing the same unilateral hand as George W. Bush - launching American precision strikes against targets because he can't trust the Pakistani military. Instead, Obama would be wise to look to Indonesia. There, the government enlisted public opinion in the terror fight and combined it with capable police work. Rather than simply pouring unconditional U.S. aid into Pakistan and Afghanistan, Obama needs to federalize the assistance, working more closely with...

Author: /time Magazine | Title: Learning Curve | 11/20/2008 | See Source »

...Wright]’s arguably our best interior post player, offensively, as a first-year player,” Amaker said. “We’ve seen him play like that in practice, and we have confidence in him. We trust each other, like Jeremy said – we have to trust each other...

Author: By Ricky Liu, CONTRIBUTING WRITER | Title: Crimson Beats Wildcats in Season Opener | 11/19/2008 | See Source »

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