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Contributed in 2008 by David Gold
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Insider trading is evidence of scienter in a Rule 10b-5 claim only where the trading was unusual or suspicious.
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Liability for insider trading by an insider or by one tipped by an insider is based on the fiduciary duty that the insider owes to the shareholders.
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Pursuant to the Private Securities Litigation Reform Act, a plaintiff in a private civil action claiming a Rule 10b-5 violation can withstand a...