Name: Score:
55 Multiple choice questions
Definition 1 of 55
Facts: Grocery scanners' price differs from advertised or shelf price in 4% of salesReceipt is
provided, refunds are available for overcharged items
Rule: Intentional Deception:1) Deceptive or unfair practice occerred2) Defendant intended that
plaintiff rely on the deception
Application: Deceptive: scanners accurate 96% of the timeIntent: Accurate receipt provided and
returns accepted
Ruling: Jewel not liable for intent to deceive
Tudor v Jewel
Ledbetter v Goodyear
Dirk v sec 1983
William v Gerber
Definition 2 of 55
Investment companies (venture capitalists), individuals with $200k annual income, individuals with
$1 million net worth, executive officers and company directors (founder's stock)
Market Makers
Accredited Investors
Major Institutional Investors
Private Offerings
,Definition 3 of 55
Facts: Raymond Dirks: securities analyst at NY brokerage, client of Ronald Secrist Secrist: reveals
to Dirks that fraud took place, Dirks spoke with current employees to investigate, tells clients to
sell, WSJ writes story, Dirks tells research to SEC
Rule: Tipper liability:-Breached fiduciary duty-Received benefitTippee liability:-Tipper liable-
Tippee knew Tipper should have know of breach in fiduciary duty-Tippee should have know of
Tipper's benefit
Application: Secrist didn't breach fiduciary duty, shared info to expose fraudSecrist received no
benefitTippee can therefor not be liable
Ruling: Tipper (Secrist) and Tippee (Dirks) not liable
Dirk v SEC 1983
Vitt v apple
Dirk v Sec 2083
Fcc v cbs
Term 4 of 55
Disparate Treatment: plaintiff's case
Employees who have been with the company for over a year
Any individual who feels discriminated against
Protected class of race, color, religion, nationality, gender, etc.
Only individuals with a formal complaint
, Term 5 of 55
Tipper liability
- breached fiduciary duty
- received benefit
prove less discriminatory business practice is possible, employee refuses to adopt it
Typically against the employer, not necessarily the harasser
- Director, officer, or employer of issuer
- Anyone with confidential relationship with issuer (lawyers, consultants, accountants,
therapists, etc.)
Definition 6 of 55
Facts: Software designer for Eye doctorBuilt program combining medical records, image storage,
and billingNon-compete for any Atlanta Eye doctor for one year
Rule: Non-compete:ActivityGeographyTime
Application: Not valid in California, doesn't fit in sale of business or agreement between
partnersValid in Atlantic, reasonable geography (Atlanta), Activity (software design for eye doctor,
and Time (only one year)
California v uber
Vitt v apple
Coleman v Retina Consultants
Ledbetter v goodyear
55 Multiple choice questions
Definition 1 of 55
Facts: Grocery scanners' price differs from advertised or shelf price in 4% of salesReceipt is
provided, refunds are available for overcharged items
Rule: Intentional Deception:1) Deceptive or unfair practice occerred2) Defendant intended that
plaintiff rely on the deception
Application: Deceptive: scanners accurate 96% of the timeIntent: Accurate receipt provided and
returns accepted
Ruling: Jewel not liable for intent to deceive
Tudor v Jewel
Ledbetter v Goodyear
Dirk v sec 1983
William v Gerber
Definition 2 of 55
Investment companies (venture capitalists), individuals with $200k annual income, individuals with
$1 million net worth, executive officers and company directors (founder's stock)
Market Makers
Accredited Investors
Major Institutional Investors
Private Offerings
,Definition 3 of 55
Facts: Raymond Dirks: securities analyst at NY brokerage, client of Ronald Secrist Secrist: reveals
to Dirks that fraud took place, Dirks spoke with current employees to investigate, tells clients to
sell, WSJ writes story, Dirks tells research to SEC
Rule: Tipper liability:-Breached fiduciary duty-Received benefitTippee liability:-Tipper liable-
Tippee knew Tipper should have know of breach in fiduciary duty-Tippee should have know of
Tipper's benefit
Application: Secrist didn't breach fiduciary duty, shared info to expose fraudSecrist received no
benefitTippee can therefor not be liable
Ruling: Tipper (Secrist) and Tippee (Dirks) not liable
Dirk v SEC 1983
Vitt v apple
Dirk v Sec 2083
Fcc v cbs
Term 4 of 55
Disparate Treatment: plaintiff's case
Employees who have been with the company for over a year
Any individual who feels discriminated against
Protected class of race, color, religion, nationality, gender, etc.
Only individuals with a formal complaint
, Term 5 of 55
Tipper liability
- breached fiduciary duty
- received benefit
prove less discriminatory business practice is possible, employee refuses to adopt it
Typically against the employer, not necessarily the harasser
- Director, officer, or employer of issuer
- Anyone with confidential relationship with issuer (lawyers, consultants, accountants,
therapists, etc.)
Definition 6 of 55
Facts: Software designer for Eye doctorBuilt program combining medical records, image storage,
and billingNon-compete for any Atlanta Eye doctor for one year
Rule: Non-compete:ActivityGeographyTime
Application: Not valid in California, doesn't fit in sale of business or agreement between
partnersValid in Atlantic, reasonable geography (Atlanta), Activity (software design for eye doctor,
and Time (only one year)
California v uber
Vitt v apple
Coleman v Retina Consultants
Ledbetter v goodyear
