The recent decision in U.S. v Newman, a criminal insider trading case against two portfolio managers, has provided much-needed clarity as to the elements of “tipper” and “tippee” liability, including what constitutes the “personal benefit” a tipper must receive to be liable for tipping information and, more importantly, what level of knowledge someone must have when he or she receives information which may have been improperly tipped. The clarity offered by the Newman case is helpful, but the decision still leaves some questions unanswered.

This CLE program is intended to help attorneys navigate the continuously evolving legal landscape in this area.