For purposes of the analysis, rather than examine any particular fact situation, and to avoid an overbroad, far-ranging analysis of the plethora of compliance issues relative to the various SCF investments and transactions, this analysis will begin instead with those specific dutiesandobligations that might give rise to civil and criminal liability exposure implicated in SCF.
As for Cuban, it really depends on whether he and the CEO of mamma.com had an understanding about Cuban trading his shares after the information was conveyed and what obligations or duties Cuban had, if any, to the company.