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alleynaschevitcz, short-selling, determination, loading-dock

David Booze and Henry Allen are business school classmates who found jobs in Jersey City at competing investment firms after graduation. Booze became an investment banking analyst in the Mergers & Acquisitions department at Sacks of Gold & Co. and Allen became a sell-side trader at Bull Market Capital, Inc. Booze and Allen developed a scheme where Booze would tell Allen about the deals he was working on, Allen would make money by taking positions in the stocks of the target companies and short-selling the stocks of the acquiring companies, and Booze and Allen would split the profits of Allen's trading activities. In order to avoid the watchful eyes of the regulators, Booze would send the information about his deals to Allen by telling Buck Rutchford, a mutual friend who was also a classmate from business school and now worked in Seattle in the finance department at The Stars & Stripes Coffee Company, who would then pass on the information, as well as Stars & Stripes internal monthly sales figures, to Allen's wife, Lizzi Galileo, who in turn would tell Allen. Allen would also take positions Stars & Stripes stock based on Rutchford's information and then split those profits with Rutchford, but not Booze. Rather than place the trades from his own brokerage account, Allen used the account of his widowed aunt Sonya Alleynaschevitcz, who lived in her native country of Estonia. She had authorized her nephew to manage her account with online discount broker and make trades on her behalf a few years back. Booze and Allen also paid Nomar Renteria, a loading-dock worker at the Camden printing plant of MarketWeek magazine, whom they befriended at a weekend poker game in Lodi, to pass them advance copies of the magazine. Booze and Allen would then place trades through Aunt Sonya's account based on what was written in the "Behind the Big Board" column before the magazine was distributed for circulation.

Of the people named in the above fact pattern, who, if anyone, broke the law? What kinds of laws did they break? What activity ran afoul of the laws? Are there any additional facts you would want to know before making a determination on any of these people?

Solution Preview

I would like to know if Booze and Rutchford have signed a confidentiality and employee nondisclosure agreement. If they have signed this agreement they have violated this agreement. In addition, Booze and Rutchford have violated normal confidentiality requirements in employment. Also I would like to know if the two persons Booze ...

Solution Summary

The solution gives a detailed legal implication of employment confidentiality clause.