Monday, February 24, 2020

United States v. OHagan Essay Example | Topics and Well Written Essays - 500 words

United States v. OHagan - Essay Example His actions would directly impact the shareholders and other stakeholders in the company in a big way. In the present case, O’Hagan has used the non-public information to his advantage to make huge profits, which consequently caused serious losses to other shareholders. Although the way O’Hagan obtained this information is very nonrepresentational and abstract, his association with the law firm, and in the process of takeover makes his case strongly liable to the shareholders under the  §10(b). The  §10(b) in reality prohibits any act or accomplishment that results in fraud or deceit related to purchase or sale of any security. In the present case, O’Hagan has involved in an act which is fraudulent and deceitful from other stakeholders of the company. The excerpts from Justice Ginsberg’s decision state, â€Å"Under the â€Å"traditional† or â€Å"classical theory† of insider trading liability,  §10(b and Rule 10b-5 are violated when a corporate insider trades in the securities of his corporation on the basis of material, non-public information. The classical theory applies not only to officers, directors, and other permanent insiders of a corporation, but also to attorneys, accountants, consultants, and others who temporarily become fiduciaries of a corporation.† Even the law of misappropriation holds that misappropriating confidential information for securities trading purpose would be a breach of duty owed to the source of that information, which gives rise to a duty to disclose or abstain. O’Hagan’s case is a clear deception of conduct related to securities transactions. The  §10(b) holds that any action taken by anyone associated with the principal in any manner and/or had access to non-public information that would be used to their advantage is liable to the shareholders. O’Hagan although was not an insider, in sense, he had the information about the takeover, and his association with Dorsey

Saturday, February 8, 2020

Government Essay Example | Topics and Well Written Essays - 750 words - 6

Government - Essay Example 2012 Republican Party of Texas (2012), Republican Party mission is to promote conservative philosophy of government by promoting conservative principles and providing the infrastructure through which the people sharing conservative values participate in the political system (3-5). On the other hand, Texas Democrats believe in democratic government that serves all the citizens indiscriminately. Considering the issues of protecting life, the Republicans believe that human life begins from fertilization to natural death while Democratic party believe that the product of joined egg and sperm has no independent status or rights. Republican Party of Texas also supports the legal marriage and moral commitment between a natural man and a natural woman unlike the Democratic Party that is opposed to other attempts to deny the freedom of same sex marriage (Sevilla Web). Additionally, Republicans consider that America is a nation under God and founded on Judeo-Christian principle but the Democrats recognize that no Texan should not be forced to live under religious doctrines to which they do not subscribe. Moreover, by looking at the school choice, the Republicans encourage maximum freedom of choice in public, private, or parochial education while Democrats oppose private school vouchers in all forms and strengthen state oversight of homeschools (â€Å"2012 Texas Democratic Party† 3-6). Republicans also oppose sex education other than abstinence until marriage while Democrats support effective, comprehensive age appropriate sex education program. Regarding health care, Republicans urge the passage of a reform that results in a more affordable healthcare including tort reform and urges immediate appeal of the â€Å"Obamacare’ while Democrats believe that health care is a right and supports the right of women to acquire contraception. In addition, Parental Rights on Education shows differences in ideologies where the Republicans assert that parents have the right and