Legal Opinion

Securities & Exchange Commission v. Talbot

Court of Appeals for the Ninth Circuit

Decided June 30, 2008No. 06-55561PublishedCited by 17 opinions

1Opinion of the Court

WARDLAW, Circuit Judge:

J. Thomas Talbot, a member of the board of directors of Fidelity National Financial, Inc., a Delaware corporation, traded on confidential information about the impending acquisition of LendingTree, Inc., which he received in his capacity as a Fidelity director. We must decide whether Talbot can be held liable under § 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. § 240.10b-5, promulgated thereunder, for misappropriating information from Fidelity, in the absence of a fiduciary duty of confidentiality owed to…

2Cases cited21 opinions

  1. Basic Inc. v. LevinsonSupreme Court of the United States · 1988
  2. TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
  3. Chiarella v. United StatesSupreme Court of the United States · 1980
  4. Carpenter v. United StatesSupreme Court of the United States · 1987
  5. Arkansas Writers' Project, Inc. v. RaglandSupreme Court of the United States · 1987

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3Cited by17 opinions

  1. Stearns v. Ticketmaster Corp.Court of Appeals for the Ninth Circuit · 2011
  2. United States v. LaurientiCourt of Appeals for the Ninth Circuit · 2010
  3. Siracusano v. Matrixx Initiatives, Inc.Court of Appeals for the Ninth Circuit · 2009
  4. Securities & Exchange Commission v. RorechDistrict Court, S.D. New York · 2009
  5. Securities & Exchange Commission v. LyonDistrict Court, S.D. New York · 2009

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