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Dirks Vs. Sec

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  • US Supreme Court
  • Jul 01, 1983

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64 entries 7 linked 57 unlinked
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  1. Mosser Vs. Darrow US Supreme Court · May 07, 1951
  2. Jackson Vs. Ludeling US Supreme Court · Jan 01, 1874
  3. Strong Vs. Repide US Supreme Court · May 03, 1909
  4. Aaron Vs. Sec US Supreme Court · Jun 02, 1980
  5. Santa Fe Industries, Inc. Vs. Green US Supreme Court · Mar 23, 1977
  6. Branzburg Vs. Hayes US Supreme Court · Jun 29, 1972
  7. Blum Vs. Bacon US Supreme Court · Jun 14, 1982
  8. U.S. 646 (1983) U.S. Supreme Court Dirks v. SEC
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  9. U.S. 646 (1983) Dirks v. SEC
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  10. of nonpublic market information. Such a duty arises rather from the existence of a fiduciary relationship. Chiarella v. United
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  11. S.E.C. Docket 1401, 1407 (1981) (footnote omitted) (quoting Chiarella v. United
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  12. however, come within the ambit of Rule 10b-5. Santa Fe Industries, Inc. v. Green
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  13. insiders.' Shapiro v. Merrill
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  14. F.2d 228, 237 (CA2 1974) (quoting Ross v. Licht
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  15. United States v. Chiarella
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  16. U. S. 267 , 341 U. S. 272 (1951). See Jackson v. Smith
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  17. U.S. at 341 U. S. 271 . See SEC v. Texas
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  18. shareholders, Aaron v. SEC
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  19. conduct of the business of the enterprise and are given access to information solely for corporate purposes. See SEC v. Monarch
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  20. a person breaches his fiduciary relationship, he may be treated more properly as a tipper than a tippee. See Shapiro v. Merrill
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  21. disclosures and uses, neither corporate insiders nor analysts can be sure when the line is crossed. Cf. Adler v. Klawans
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  22. exists only where there has been a breach of trust by an insider of which the tippee had knowledge. See, e.g., Ross v. Licht
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  23. that the disclosure did not impose any fiduciary duties on the recipient of the inside information is Walton v. Morgan
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  24. Ernst & Ernst v. Hochfelder
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  25. U. S. 193 -194, n. 12 (1976) -- is an independent element of a Rule 10b-5 violation. See Aaron v. SEC
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  26. Court. See Brief for Respondent 21, n. 27. The merits of such a duty are therefore not before the Court. See SEC v. Chenery
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  27. U. S. 654 -655. Moreover, to constitute a violation of Rule 10b-5, there must be fraud. See Ernst & Ernst v. Hochfelder
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  28. See Chiarella v. United
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  29. extends as well to purchasers of the corporation's securities. Id. at 445 U. S. 227 , n. 8, citing Gratz v. Claughton
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  30. The affirmative duty of disclosure protects Page 463 U. S. 673 against this injury. See Pepper v. Litton
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  31. Page 463 U. S. 675 This conclusion is borne out by the Court's decision in Mosser v. Darrow
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  32. like Secrist, the trustee intended that others would abuse the inside information for their personal gain. Cf. Dodge v. Ford
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  33. from the information they obtained from Secrist. Misprision of a felony long has been against public policy. Branzburg v. Hayes
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  34. Blue Chip Stamps v. Manor
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  35. Piper v. ChrisCraft
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  36. Chiarella v. United
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  37. intent that the securities laws be interpreted flexibly to protect investors, see Affiliated Ute Citizens v. United
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  38. SEC v. Capital
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  39. decisions the deference it normally gives to an agency's interpretation of its own statute. See, e.g., Blum v. Bacon
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  40. can recover for the corporation damages for any injury the insider causes by the breach of this distinct duty, Diamond v. Oreamuno
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  41. Thomas v. Roblin
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  42. Of course, an insider is not liable in a Rule 10b-5 administrative action unless he has the requisite scienter. Aaron v. SEC
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  43. does not believe that the information is material or nonpublic, he also lacks the necessary scienter. Ernst & Ernst v. Hochfelder
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  44. trading on that information if it believes that the insider has not breached any duty to his shareholders. See Walton v. Morgan
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  45. U.S. Supreme Court Dirks v. SEC
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  46. Shapiro v. Merrill
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  47. Ross v. Licht
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  48. See Jackson v. Smith
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  49. See SEC v. Texas
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  50. See SEC v. Monarch
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