This experiential book focuses on the Securities and Exchange Commission's (SEC) enforcement action charging Mr. Mark Cuban with illegal insider trading. Mr. Cuban is a well-respected entrepreneur, businessman and investor whose ownership interests include the National Basketball Association s (NBA) Dallas Mavericks. Mr. Cuban also is one of the principal investors on the reality television program Shark Tank. His net worth is valued in the billions of dollars. The author (Marc I. Steinberg) was retained as an expert witness in this case on Mr. Cuban's behalf. Professor Steinberg therefore had the opportunity to experience this litigation from the playing field rather than as a spectator. These insights enhance the book's substance and vitality. In captivating fashion, the book presents key documents, testimony, and insights from the start of the SEC's investigation of Mr. Cuban's trading of Mamma.com stock through the end of trial with the jury exonerating him. This saga lasting five years was at a high cost for the government and Mr. Cuban. In his successful defense, Mr. Cuban reportedly spent $12 million in legal fees in defeating the government's charge that he was a fraudster. For the SEC, after years of vigorous pursuit with less than a formidable case, it incurred a significant defeat. In the end, when Mr. Cuban emerged victorious and the government packed its bags, questions are raised as to strategic decisions made, the high costs of defending one's good name, the limits of government prosecutorial discretion, and the breadth of our insider trading laws. This book focuses on this intriguing litigation, drawing the reader's attention as the story unfolds.
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Marc I. Steinberg is the Rupert and Lillian Radford Professor of Law at the SMU Dedman School of Law. He is this country's most prolific author of securities law scholarship, having authored approximately 40 books and 150 law journal articles. His experience includes serving as an enforcement attorney and special projects counsel at the U.S. Securities and Exchange Commission, receiving appointments at several prominent universities (including the University of Cambridge, University of London, Stockholm University, Hong Kong University, Sydney University, Bar Ilan University, and the University of Heidelberg), and being retained as an expert witness in numerous high-profile cases (including Mark Cuban, Enron, and Martha Stewart). Professor Steinberg is the editor-in-chief of both The International Lawyer and The Securities Regulation Law Journal. He is a member of the American Law Institute.
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