S.E.C. v. ROCKLAGE

No. 06-1571.

470 F.3d 1 (2006)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Appellee, v. Patricia B. ROCKLAGE; William M. Beaver; David G. Jones, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 14, 2006.


Attorney(s) appearing for the Case

David H. Erichsen, with whom Peter Spaeth, Pratik A. Shah, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellant Patricia B. Rocklage.

David E. Marder, with whom Benjamin D. Stevenson and Robins, Kaplan, Miller & Ciresi LLP were on brief, for appellant William M. Beaver.

Brian E. Whiteley and Scibelli, Whiteley and Stanganelli, LLP on brief for appellant David G. Jones.

Randall W. Quinn, Assistant General Counsel, with whom Brian G. Cartwright, General Counsel, Jacob H. Stillman, Solicitor, and Jeffrey Tao, Senior Counsel, were on brief, for appellee.

Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.


LYNCH, Circuit Judge.

This is an interlocutory appeal from the denial of defendants' motion to dismiss a civil complaint based on an issue of law.

The complaint was brought by the SEC on a misappropriation theory of insider trading. It alleged that defendant Patricia B. Rocklage intentionally used deceptive means to obtain from her husband highly negative and non-public information about his publicly-traded company, in order to tip her brother who owned company...

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