Barclays Capital Inc. v. Theflyonthewall.com
United States Court of Appeals for the Second Circuit
650 F.3d 876 (2011)
Barclays Capital Inc. (Barclays) (plaintiff) conducted market research and sold its findings to subscribers. Barclays released buy, sell, or hold recommendations to its subscribers prior to the stock market’s opening each day. Barclays then released its recommendations to the public after the market opened. This strategy gave an advantage to Barclays’s paying subscribers. Theflyonthewall.com (Fly) (defendant) obtained Barclays’s recommendations and disseminated them to the public prior to the market opening. Fly attributed the recommendations to Barclays. Barclays brought suit against Fly for misappropriation. The district court granted Barclays an injunction, preventing Fly from releasing the information until 30 minutes before the stock market’s opening. Fly appealed.
Rule of Law
Holding and Reasoning (Sack, J.)
Concurrence (Raggi, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.