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S.E.C. v. DOROZHKO

Docket No. 08-0201-cv.

574 F.3d 42 (2009)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellant, v. Oleksandr DOROZHKO, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 22, 2009.

Attorney(s) appearing for the Case

Mark Pennington, Assistant General Counsel (Brian G. Cartwright, General Counsel, Andrew N. Vollmer, Deputy General Counsel, Jacob H. Stillman, Solicitor, and David Lisitza, Attorney, on the brief), Washington, D.C.

Charles A. Ross (Christopher L. Padurano and Stephanie M. Carvlin, on the brief) Charles A. Ross & Assoc., LLC, New York, NY.

Before: CABRANES, HALL, Circuit Judges, and SULLIVAN, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

We are asked to consider whether, in a civil enforcement lawsuit brought by the United States Securities and Exchange Commission ("SEC") under Section 10(b) of the Securities Exchange Act of 1934 ("Section 10(b)"), computer hacking may be "deceptive" where the hacker did not breach a fiduciary duty in fraudulently obtaining material, nonpublic information used in connection with the purchase...

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