Is there a right by a corporation to recover profits from a third party who used inside information to their own advantage?

MultiRegion, United States of America

The following excerpt is from Haberman v. Murchison, 468 F.2d 1305 (2nd Cir. 1972):

These considerations, however, should not obscure the fact that the essence of the 10b-5 violation in Texas Gulf Sulphur was the wrong done by the defendants to sellers on the open market not privy to the same material information. While there may be a parallel right, under state law, in the corporation to recover profits from insiders who use inside information to their own advantage, see Diamond v. Oreamuno, 24 N.Y.2d 494, 301 N.Y.S.2d 78, 248 N.E.2d 910 (1969), there is no such derivative right under federal law. Since neither the corporation nor any purchaser was injured by the use of the alleged inside information in this case, no compelling reason has been advanced for the recognition of such a right here.

Other Questions


What is the difference between an order compelling a third party to produce information as part of a criminal investigation and a subpoena compelling that third party produce information once a criminal proceeding has commenced? ("New York", United States of America)
Can a defendant seek suppression of evidence obtained by the police from a third party in violation of the third party's rights? ("New York", United States of America)
Can a third party enforce a contract if the contract was entered into for the express benefit of the third party? (MultiRegion, United States of America)
What is the test for determining whether a plaintiff has been successful in obtaining an order for a third party to sue for damages from the third party? (MultiRegion, United States of America)
Is a refusal of a landlord to permit a tenant to exercise their right to a third party's right to evict a landlord constitute eviction? ("New York", United States of America)
Can a probation officer order that a defendant must notify a third party that he poses a risk to that third party after serving his sentence? (MultiRegion, United States of America)
Can a third party party not named in an arrest warrant claim a right to privacy in their home without a search warrant? (MultiRegion, United States of America)
Does a third party victim have standing to appeal a restitution order under the Criminal Victims Rights Act? (MultiRegion, United States of America)
Is a party who denied possession of a property at the time of the purchase of the property entitled to a third party's property? (MultiRegion, United States of America)
Does a federal district judge have to review the findings and recommendations of a third party when the parties themselves accept as correct? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.