Kirkland M&A Update Kirkland & Ellis LLP

M&A Update: Recent District Court Ruling Addresses Third-Party Trading on Confidential Information

In this issue, partner Dennis M. Myers, P.C., and associate Michael Chu discuss a recent District Court decision that calls into question whether a confidentiality agreement between a company and a shareholder that does not contain restrictions on the use of confidential information received by the shareholder can be the basis of an insider trading claim under the "misappropriation" theory.