- Statutes and Official Guidance
- Insider Trading Overview
- Statute of Limitations
- Who May be Liable for Insider Trading?
- Element: Jurisdiction
- Spotlight on the Extraterritorial Reach of Insider Trading Laws
- Element: Trading While in Possession
- Element: Material, Non Public Information (MNPI)
- Element: Breach of a Duty
- Classical Theory: Breach by a Corporate Insider
- Misappropriation Theory: Breach by a Corporate Outsider
- Element: In Exchange for Value
- Element: Knowledge and Scienter
- Alternative Criminal Basis of Insider Trading Liability: Conspiracy
- Conspiracy to Defraud the US
- Alternative Basis of Criminal Liability: Wire Fraud
- Alternative Basis of Criminal Liability: Securities and Commodities Fraud under 18 USC § 1348
- Defenses
- The Safe Harbor Defense under Rule 10b5-1
- The STOCK Act