The SEC v. Mark Cuban

December 3, 2008

Regardless of how sports fans feel about outspoken Dallas Mavericks owner Mark Cuban, few would deny that his communications skills “got game.”

(As a longtime pro hoops fan, I found this out a couple of years ago when, on a whim, I e-mailed him my analysis of a big trade he had just finalized; Cuban e-mailed me back a thoughtful response to my amateur analysis within 30 minutes.)

Last month, the SEC alleged that Cuban – a highly successful Internet entrepreneur who still runs a number of business ventures in addition to his NBA franchise – was committed insider trading.

Unlike any other subject of this type of allegation, Cuban has been communicative about his defense: he had his lawyer post an explanation and a key component of Cuban’s defense on Cuban’s candid blog. More recently, Cuban has gone on the offensive against the SEC, posting his analysis – both pro and con – of the SEC in light of the Office of Inspector General’s Report to Congress on the SEC.

Cuban’s maverick approach provides a rare glimpse inside a response to an SEC investigation.