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	<title>Comments on: Insider Trading:  Dear &#8220;Guy Speaking Behind Me In the Loud Voice&#8230;&#8221;</title>
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	<link>http://www.concurringopinions.com/archives/2009/08/insider-trading-dear-guy-speaking-behind-me-in-the-loud-voice.html</link>
	<description>The Law, the Universe, and Everything</description>
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		<title>By: Web Watch: Best Blog Posts and Columns For the Week Ending August 28</title>
		<link>http://www.concurringopinions.com/archives/2009/08/insider-trading-dear-guy-speaking-behind-me-in-the-loud-voice.html/comment-page-1#comment-65205</link>
		<dc:creator>Web Watch: Best Blog Posts and Columns For the Week Ending August 28</dc:creator>
		<pubDate>Fri, 28 Aug 2009 21:01:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.concurringopinions.com/?p=19560#comment-65205</guid>
		<description>[...] Insider Trading: Dear &#8220;Guy Speaking Behind Me In the Loud Voice&#8221; Concurring Opinions &#124; August 27, 2009 [...]</description>
		<content:encoded><![CDATA[<p>[...] Insider Trading: Dear &#8220;Guy Speaking Behind Me In the Loud Voice&#8221; Concurring Opinions | August 27, 2009 [...]</p>
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		<title>By: A.J. Sutter</title>
		<link>http://www.concurringopinions.com/archives/2009/08/insider-trading-dear-guy-speaking-behind-me-in-the-loud-voice.html/comment-page-1#comment-65198</link>
		<dc:creator>A.J. Sutter</dc:creator>
		<pubDate>Fri, 28 Aug 2009 02:10:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.concurringopinions.com/?p=19560#comment-65198</guid>
		<description>I just noticed Mike&#039;s comment: Profitability isn&#039;t the sole relevant criterion. One reason insider trading &lt;i&gt;should&lt;/i&gt; get so much play in law school is because it&#039;s one of the crimes often committed by lawyers.</description>
		<content:encoded><![CDATA[<p>I just noticed Mike&#8217;s comment: Profitability isn&#8217;t the sole relevant criterion. One reason insider trading <i>should</i> get so much play in law school is because it&#8217;s one of the crimes often committed by lawyers.</p>
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		<title>By: A.J. Sutter</title>
		<link>http://www.concurringopinions.com/archives/2009/08/insider-trading-dear-guy-speaking-behind-me-in-the-loud-voice.html/comment-page-1#comment-65197</link>
		<dc:creator>A.J. Sutter</dc:creator>
		<pubDate>Fri, 28 Aug 2009 02:03:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.concurringopinions.com/?p=19560#comment-65197</guid>
		<description>This carelessness was a way of life in Silicon Valley during the dot-com period. My favorite example was when I visited the men&#039;s room of a Palo Alto movie theater where the CFO of a company took a call on his cell phone while sitting in a stall, and started discussing not-yet-released financial statements with a member of his staff. The metal-walled, open-top stall acted like a megaphone. Even worse, at the time some of the biggest law firms in the Valley (Cooley, MoFo and a couple others) were in the same office complex as the theater. I wasn&#039;t familiar enough with that particular niche in the software business to identify the company, but there were enough names and substantive remarks that for sure someone else in that men&#039;s room could put the pieces together. 

You&#039;re right that airports give a false sense of security -- even overseas. A few years ago I was noshing on some pre-flight sushi in Narita airport (which serves Tokyo) when a bunch of Americans walked into the restaurant and began talking very boisterously about their recent negotiation with a Japanese company, and strategy for next steps. I recognized immediately that they were from a particular public company in which my company had made a venture investment (we were also a customer), esp. since the loudest guy was the VP of marketing, whom I&#039;d met. I walked over, introduced myself, and suggested they shut up about business for a while. Anyone in the electronics business could have figured out where they were from -- there were only 3 global competitors in that company&#039;s space, and it was obvious from their talk that they weren&#039;t from the either of the other two. And many of the other foreigners in the airport restaurant had come to Japan because electronics was exactly the business they were in.</description>
		<content:encoded><![CDATA[<p>This carelessness was a way of life in Silicon Valley during the dot-com period. My favorite example was when I visited the men&#8217;s room of a Palo Alto movie theater where the CFO of a company took a call on his cell phone while sitting in a stall, and started discussing not-yet-released financial statements with a member of his staff. The metal-walled, open-top stall acted like a megaphone. Even worse, at the time some of the biggest law firms in the Valley (Cooley, MoFo and a couple others) were in the same office complex as the theater. I wasn&#8217;t familiar enough with that particular niche in the software business to identify the company, but there were enough names and substantive remarks that for sure someone else in that men&#8217;s room could put the pieces together. </p>
<p>You&#8217;re right that airports give a false sense of security &#8212; even overseas. A few years ago I was noshing on some pre-flight sushi in Narita airport (which serves Tokyo) when a bunch of Americans walked into the restaurant and began talking very boisterously about their recent negotiation with a Japanese company, and strategy for next steps. I recognized immediately that they were from a particular public company in which my company had made a venture investment (we were also a customer), esp. since the loudest guy was the VP of marketing, whom I&#8217;d met. I walked over, introduced myself, and suggested they shut up about business for a while. Anyone in the electronics business could have figured out where they were from &#8212; there were only 3 global competitors in that company&#8217;s space, and it was obvious from their talk that they weren&#8217;t from the either of the other two. And many of the other foreigners in the airport restaurant had come to Japan because electronics was exactly the business they were in.</p>
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		<title>By: Mike</title>
		<link>http://www.concurringopinions.com/archives/2009/08/insider-trading-dear-guy-speaking-behind-me-in-the-loud-voice.html/comment-page-1#comment-65189</link>
		<dc:creator>Mike</dc:creator>
		<pubDate>Thu, 27 Aug 2009 19:15:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.concurringopinions.com/?p=19560#comment-65189</guid>
		<description>What interests me is the attention Securities Regulations (the law-school course as well as the enforcement by SEC) pays to insider trading.  That issue gets so much play, when the real action is in high-frequency trading; dark pools; flash orders; expert panels, and Goldman Sachs&#039; &quot;trading huddles.&quot;

Talking about insider trading is almost quaint.</description>
		<content:encoded><![CDATA[<p>What interests me is the attention Securities Regulations (the law-school course as well as the enforcement by SEC) pays to insider trading.  That issue gets so much play, when the real action is in high-frequency trading; dark pools; flash orders; expert panels, and Goldman Sachs&#8217; &#8220;trading huddles.&#8221;</p>
<p>Talking about insider trading is almost quaint.</p>
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		<title>By: Kaimi</title>
		<link>http://www.concurringopinions.com/archives/2009/08/insider-trading-dear-guy-speaking-behind-me-in-the-loud-voice.html/comment-page-1#comment-65187</link>
		<dc:creator>Kaimi</dc:creator>
		<pubDate>Thu, 27 Aug 2009 19:00:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.concurringopinions.com/?p=19560#comment-65187</guid>
		<description>This is a perfect illustration of the drive-a-truck-through-it gap that Chiarella+O&#039;Hagan leaves in insider trading law.  

The hypothetical I always use in teaching O&#039;Hagan is along the lines of:

&quot;You&#039;re walking down the street, and a piece of paper suddenly blows out the window of the office building next to you, and lands at your feet.  It reads, &#039;The merger is going to happen tomorrow&#039; . . . &quot;</description>
		<content:encoded><![CDATA[<p>This is a perfect illustration of the drive-a-truck-through-it gap that Chiarella+O&#8217;Hagan leaves in insider trading law.  </p>
<p>The hypothetical I always use in teaching O&#8217;Hagan is along the lines of:</p>
<p>&#8220;You&#8217;re walking down the street, and a piece of paper suddenly blows out the window of the office building next to you, and lands at your feet.  It reads, &#8216;The merger is going to happen tomorrow&#8217; . . . &#8220;</p>
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