U.S. Supreme Court,
Securities
Feb. 18, 2021
A setback for the broadening of insider trading liability
The U.S. Supreme Court’s recent decision to summarily vacate a 2nd Circuit ruling has generated new questions about the permissible scope of DOJ enforcement of insider trading laws.





Michael M. Farhang
Partner
Gibson Dunn & Crutcher LLP
Email: mfarhang@gibsondunn.com
Michael is a former federal prosecutor and a partner in the firm's Los Angeles office. He is a Chambers-ranked attorney and practices in the White Collar Defense and Investigations and Securities Litigation Practice Groups.
The U.S. Supreme Court's recent decision to summarily vacate the 2nd U.S. Circuit Court of Appeals' ruling in United States v. Blaszczak has generated new questions about the permissible scope of DOJ enforcement of insider trading laws. In its Blaszczak decision, the 2nd Circuit expanded the scope of potentially actionable insider trading conduct by holding that the confidential "predecisional" information of gov...
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