Legal Opinion

United States v. Gansman

Court of Appeals for the Second Circuit

Decided September 9, 2011No. 10-731PublishedCited by 22 opinions

1Opinion of the Court

JOSÉ A. CABRANES, Circuit Judge:

Defendant-appellant James Gansman (“defendant” or “Gansman”) appeals from a February 25, 2010 judgment of the United States District Court for the Southern District of New York (Miriam Goldman Cedarbaum, Judge) convicting him of insider trading under the so-called “misappropriation theory.” The Supreme Court has distinguished the misappropriation theory from the “classical” insider trading theory by explaining that “[i]n lieu of premising liability on a fiduciary relationship between company insider and purchaser or seller of the company’s stock, the…

2Cases cited13 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  3. Victor v. NebraskaSupreme Court of the United States · 1994
  4. United States v. O'HaganSupreme Court of the United States · 1997
  5. Sims v. BlotCourt of Appeals for the Second Circuit · 2008

8 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. United States v. CoplanCourt of Appeals for the Second Circuit · 2012
  2. United States v. VilarCourt of Appeals for the Second Circuit · 2013
  3. United States v. GordonCourt of Appeals for the Tenth Circuit · 2013
  4. Securities & Exchange Commission v. ObusCourt of Appeals for the Second Circuit · 2012
  5. United States v. MartomaCourt of Appeals for the Second Circuit · 2017

17 more not listed; retrieve them via the Exa API.

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