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These constructive insiders "acquire the fiduciary duties of the true insider, provided the corporation expected the constructive insider to keep the information confidential.
In upholding the conviction of the columnist for securities fraud under Rule 1 Ob-5, the Second Circuit rejected the argument that the misappropriation theory only applies to information misappropriated by corporate or constructive insiders.
insider" (also known as a constructive insider or a quasi-insider).
plaintiffs' invitation to use the constructive insider theory from
qualify as classical insiders or constructive insiders present no
investment bank who were constructive insiders of takeover bidder rather

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