The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu The leading online blog in the fields of corporate governance and financial regulation. Thu, 07 May 2026 11:32:12 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.8 https://corpgov.law.harvard.edu/wp-content/uploads/2024/02/cropped-photography-4-e1706898544564-1-32x32.png Erosion of the Fiduciary Duty Requirement in Insider Trading Actions – The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu 32 32 Erosion of the Fiduciary Duty Requirement in Insider Trading Actions https://corpgov.law.harvard.edu/2010/07/29/erosion-of-the-fiduciary-duty-requirement-in-insider-trading-actions/?utm_source=rss&utm_medium=rss&utm_campaign=erosion-of-the-fiduciary-duty-requirement-in-insider-trading-actions https://corpgov.law.harvard.edu/2010/07/29/erosion-of-the-fiduciary-duty-requirement-in-insider-trading-actions/#comments Thu, 29 Jul 2010 13:22:44 +0000 http://blogs.law.harvard.edu/corpgov/?p=11474?d=20150120100937EST Posted by Joel M. Cohen, Gibson, Dunn & Crutcher LLP, on Thursday, July 29, 2010
Editor's Note:

Joel Cohen is a partner in the New York office of Gibson, Dunn & Crutcher LLP. This post is based on an article by Mr. Cohen, Mary Kay Dunning and Gregory H. Shill that first appeared in the Securities Litigation Journal.

Every decade or so, a new wave of interest in prosecuting insider trading emerges. We see this now. Just as the tides of interest in insider trading ebb and flow, so too do the contours of the offense itself. Given the present environment, of course, one would expect regulators to step up insider-trading enforcement, and they have. [1] This growing regulatory aggressiveness has coincided with judicial relaxation of the elements of insider-trading violations. Ensuring proper enforcement without inhibiting the free flow of information that regulators and the courts have historically recognized as vital to healthy markets truly has become a high-wire act.

(more…)

]]> https://corpgov.law.harvard.edu/2010/07/29/erosion-of-the-fiduciary-duty-requirement-in-insider-trading-actions/feed/ 2