News & Analysis as of

Fifth Amendment Insider Trading

Patterson Belknap Webb & Tyler LLP

Federal Agent’s Misrepresentation in LG Search Warrant Affidavit Insufficient to Clear Qualified Immunity Hurdle

In Ganek v. Leibowitz, No. 16-1463 (2d Cir. Oct. 17, 2017) (Raggi, Chin, Carney), the Second Circuit reversed and remanded a district court’s determination that federal law enforcement authorities were not entitled to...more

McGuireWoods LLP

An Important Check On The Abuse Of Government Authority

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As citizens of a nation founded on the rule of law, we depend upon law enforcement and prosecutors to protect us from harm and from those who infringe our liberty. In exchange for this protection, we permit these public...more

Robins Kaplan LLP

Your daily dose of financial news The Brief – 1.26.16

Robins Kaplan LLP on

Quick recap: another Monday, another rough start to a trading week in what’s turned into an ugly pattern for the year – WSJ... Which, coupled with more pessimism about the Chinese economy, helped drive stocks down in...more

Fenwick & West LLP

Game of Phones: Employer-Issued Smartphones and Employee Fifth Amendment Protections

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A recent court decision holding that employees can claim the Fifth Amendment and refuse to unlock password-protected smartphones, even though the phones were issued by their employer for company business, demonstrates the...more

Proskauer on Privacy

District Court Rules That Smartphone Passcodes Are Testimonial; Protected by Fifth Amendment

Proskauer on Privacy on

In Securities and Exchange Commission v. Huang, the district court held that the Fifth Amendment protected two former employees against having to disclose their personal passcodes for company-issued smartphones to government...more

Burr & Forman

D.C. Circuit Repulses Assault on the SEC’s Administrative Citadel

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The citadel of the SEC’s administrative forum has been under assault from several vectors over the past year or so, as a chorus of dissenting Respondents have mounted increasing challenges to its constitutional legitimacy, as...more

Fisher Phillips

Court Refuses to Compel Employees to Disclose Passcodes for Employer-Issued Smartphones

Fisher Phillips on

Just this week, in Securities and Exchange Commission v. Huang, No. 15-269 (E.D. Pa.  September 23, 2015), the United States District Court for the Eastern District of Pennsylvania denied the Securities and Exchange...more

Dorsey & Whitney LLP

Another SEC Insider Trading Case: Does it Comply With Newman?

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The SEC continues to bolster its allegations regarding the relationships between tipper and tippee in insider trading cases as well as the knowledge of the tippee. Whether those allegations will be sufficient to meet the...more

Dorsey & Whitney LLP

SEC Brings Another Insider Trading Case Tied To Golf

Dorsey & Whitney LLP on

Golf is becoming a recurring theme in insider trading cases. Last month the SEC brought an insider trading action against a group of golf friends. That action, detailed here, was supported by a series of e-mails among the...more

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