If this is just a terminology debate, O'Hagan-style misappropriation theory cases are called "insider trading" cases by nearly everyone, including the SEC[1], t

If this is just a terminology debate, O'Hagan-style misappropriation theory cases are called "insider trading" cases by nearly everyone, including the SEC[1], the Justice Department[2] and the SDNY (a judge recently issued an opinion discussing "insider-trading cases prosecuted under a misappropriation theory"). They are usually contrasted with "classical theory" insider trading cases. [1] http://www.sec.gov/answers/insider.htm http://www.sec.gov/answers/insider.htm [2] http://www.justice.gov/usao/nys/pressreleases/December13/WeishausDavidPleaPR/Conradt,%20Thomas%20C.%20and%20David%20J.%20Weishaus%20Indictment12%20Cr%20887.pdf http://www.justice.gov/usao/nys/pressreleases/December13/Wei...