United States First Circuit

Denial of defendants' motion to dismiss a civil complaint based on an issue of law is affirmed where the SEC properly stated a claim against a corporate executive's wife and two tippees under a misappropriation theory since the executive's wife used a deceptive scheme to extract insider information and transmit it to the tippees.

Appellate Information

• Decided 11/14/2006
• Published 11/14/2006

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David H. Erichsen, with whom Peter Spaeth, Pratik A. Shah, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellant Patricia B. Rocklage., David E. Marder, with whom Benjamin D. Stevenson and Robins, Kaplan, Miller & Ciresi LLP were on brief, for appellant William M. Beaver., Brian E. Whiteley and Scibelli, Whiteley and Stanganelli, LLP on brief for appellant David G. Jones.


• For Appellees:
  
• Randall W. Quinn, Assistant General Counsel, with whom Brian G. Cartwright, General Counsel, Jacob H. Stillman, Solicitor, and Jeffrey Tao, Senior Counsel, were on brief, for appellee.