LS311 UNIT 10 DISCUSSION

LS311 UNIT 10 DISCUSSION Hello Ramona and Class, Under what theory might Darla be liable? Darla will be liable under insider trading theory. Darla had overheard the conversation and make profit from the deal. This case is strictly related to the insider trading. The insider trading theory is laid down under SEC Rule 10b-5. In case of insider trading anyone who uses insider trading is liable. Do the circumstances of this case meet all of the requirements for liability under that theory? Explain. The requirement for the liability are: deception or manipulation, materiality, transaction must be connected with sale or purchase of security, Scienter, Standing, Caused loss, Damages. All the requirements are not fulfilled since the transaction although related to sale or purchase of transaction but does not include deception or caused any loss or damage to the investors. Examine the SEC Rule 10b-5. According to SEC Rule 10b-5, any person who is in possession of a material information which is not disclosed publicly must disclose it publicly or should be abstained from trading. If a person is found guilty of using internal material information which is non-public to make profits or with a view to manipulation, then the person will be subject to the liability of insider trading