Legal Opinion
Securities & Exchange Commission v. Dorozhko
Court of Appeals for the Second Circuit
Decided July 22, 2009No. Docket 08-0201-cvPublishedCited by 30 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
We are asked to consider whether, in a civil enforcement lawsuit brought by the United States Securities and Exchange Commission (“SEC”) under Section 10(b) of the Securities Exchange Act of 1934 (“Section 10(b)”), computer hacking may be “deceptive” where the hacker did not breach a fiduciary duty in fraudulently obtaining material, nonpublic information used in connection with the purchase or sale of securities. For the reasons stated herein, we answer the question in the affirmative.
BACKGROUND
In early October 2007, defendant Oleksandr Dorozhko, a Ukranian…
2Cases cited17 opinions
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- Basic Inc. v. LevinsonSupreme Court of the United States · 1988
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Santa Fe Industries, Inc. v. GreenSupreme Court of the United States · 1977
- Chiarella v. United StatesSupreme Court of the United States · 1980
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3Cited by30 opinions
- Mullins v. City of New YorkCourt of Appeals for the Second Circuit · 2010
- Slayton v. American Express Co.Court of Appeals for the Second Circuit · 2010
- In Re Bank of America Corp. Securities, Derivative, & Employee Retirement Income Security Act (ERISA) LitigationDistrict Court, S.D. New York · 2010
- Oneida Nation of New York v. CuomoCourt of Appeals for the Second Circuit · 2011
- United States v. AguiarCourt of Appeals for the Second Circuit · 2013
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