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U.S. Securities and Exchange Commission v. Yang
1:12-cv-02473
| N.D. Ill. | Mar 30, 2014
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Background

  • Yang challenged SEC findings on front-running and false Schedule 13(d) filings after a six-day trial.
  • Jury found in Yang’s favor on insider trading; SEC prevailed on front-running and Schedule 13(d) claims.
  • Yang moved for JMOL or a new trial on the front-running and Schedule 13(d) claims.
  • Court applied standard: JMOL warranted only if no reasonable juror could find for SEC; evidence viewed in SEC’s favor.
  • Evidence included Yang’s signed account documents, joint ownership with Fan, large trades, Yang’s securities background, IP-address alignment, and travel-correlated trading.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence for front-running Yang argues no evidence shows he made the front-running trades. SEC contends trial evidence supports Yang’s trades and timing before Zhongpin moves. No JMOL; evidence sufficient for jury verdict
Whether verdict was against weight of the evidence Yang hints verdict contradicts weight of evidence. Evidence supports verdict; credibility for jury. New trial denied; verdict amply supported
Video conference testimony for witnesses Fan, He, Lu should testify via video due to travel obstacles; Hu allowed due to pregnancy. Video from China warranted for Fan, He, Lu; Hu allowed with conditions; depositions suggested. Grant in part; allow Judy Hu live with conditions; deny others

Key Cases Cited

  • Clarett v. Roberts, 657 F.3d 664 (7th Cir. 2011) (JMOL standard: reasonable juror could find for prevailing party)
  • Schandelmeier–Bartels v. Chicago Park Dist., 634 F.3d 372 (7th Cir. 2011) (strictly construe facts in favor of prevailing party)
  • Lewis v. City of Chicago Police Dep't, 590 F.3d 427 (7th Cir. 2009) (weight-of-the-evidence standard; credibility left to jury)
  • El-Hadad v. United Arab Emirates, 496 F.3d 658 (D.C. Cir. 2007) (video testimony considerations; good cause and safeguards)
Read the full case

Case Details

Case Name: U.S. Securities and Exchange Commission v. Yang
Court Name: District Court, N.D. Illinois
Date Published: Mar 30, 2014
Docket Number: 1:12-cv-02473
Court Abbreviation: N.D. Ill.