USSEC

U.S. Securities & Exchange Commission v. Talbot

Good Law
430 F. Supp. 2d 1029·2006 WL 1216719·2006 U.S. Dist. LEXIS 28399
United States District Court, Central District of CaliforniaFebruary 14, 200604-04556MMMPLAXCalifornia19,029 words

Opinion

Opinion

Morrow, J.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

On June 24, 2004, plaintiff U.S. Securities and Exchange Commission (the “SEC”) filed this action against defendant J. Thomas Talbot, alleging that defendant had traded on nonpublic information in violation of Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. § 78j(b), and Exchange Act Rule 10b-5 (“Rule 10b-5”), 17 C.F.R. § 240 .10b-5. The SEC asserts that, in his position as a director of Fidelity National Financial,' Inc., Talbot learned material nonpublic information regarding the possible acquisition of LendingTree, Inc., and traded on the information, realizing a profit of $67,881.20. The SEC seeks an order requiring Talbot to disgorge this profit ■with prejudgment interest and to pay civil penalties. It also seeks an order enjoining Talbot from violating the securities laws in the future, and from serving as an officer or director of a publicly held company. The parties have now filed cross-motions for summary judgment.

I. FACTUAL BACKGROUND

Defendant J. Thomas Talbot is a sixty-nine or seventy year-old businessman who resides in…

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