Donna M. Nagy

Donna M. Nagy

Executive Associate Dean; C. Ben Dutton Professor of Law

  • B.A., Vassar College 1986
  • J.D., New York University Law School 1989
  • Member, Phi Beta Kappa at Vassar College
  • Articles Editor, New York University Law Review, Elected to the Order of the Coif
  • Securities enforcement and litigation associate with Debevoise & Plimpton, Washington, D.C.
  • Elected to membership in The American Law Institute
  • Appointed Member, ABA Corporate Laws Committee, Section on Business Law (6-year term, 2011-present)
  • Past Member, National Adjudicatory Council (NAC), Financial Industry Regulatory Authority (FINRA) (3-year term, Jan. 2010 - Dec. 2012)
  • Past Chair, Association of American Law Schools (AALS) Standing Committee on Professional Development (2011-12)

Professor Nagy joined the law school faculty in 2006 as the C. Ben Dutton Professor of Business Law. She began her teaching career in 1994 at the University of Cincinnati College of Law, where she served as Interim Dean from 2004-05 and as Associate Dean for Faculty Development from 2002-04. In Spring 2001, she was a Visiting Professor of Law at the University of Illinois College of Law, and was a Visiting Scholar at the University of Canterbury School of Law in Christchurch, New Zealand in Spring 2002.

Professor Nagy teaches and writes in the areas of securities litigation, securities regulation, and corporations. Her scholarship includes articles in the Cornell Law Review, the Notre Dame Law Review, and the Ohio State Law Journal as well as two co-authored books, one on the law of insider trading and a casebook on Securities Litigation and Enforcement. She is a frequent speaker on securities regulation and litigation topics at law schools and professional conferences. She also served as Chair of the AALS Section on Securities Regulation in 2004-05; as Chair of the AALS Standing Committee on Sections and the Annual Meeting in 2007-08; and as a Vice President and Member of the Board of Trustees of the SEC Historical Society from 2008-11.

Prior to teaching, Professor Nagy was an associate with Debevoise & Plimpton in Washington, D.C., specializing in securities enforcement and litigation. She was named interim executive associate dean for academic affairs in August 2013 and executive associate dean in January 2014.

Selected Works
  • Beyond Dirks: Gratuitous Tipping and Insider Trading, 42 J. Corp. Law 1 (Fall 2016, forthcoming).
  • The Costs of Mandatory Cost-Benefit Analysis in SEC Rulemaking, 57 Arizona L. Rev. 129 (2015).
  • Plugging Leaks and Lowering Levees in the Federal Government:  Practical Solutions for Securities Trading Based on Political Intelligence,   2014 Illinois L. Rev. 1521 (2014) (co-authored with Richard Painter)
  • Owning Stock While Making Law:  An Agency Problem and a Fiduciary Solution, 48 Wake Forest L. Rev. 567-623 (2013)
  • Selective Disclosure by Federal Officials and the Case for an FGD (Fairer Government Disclosure) Regime, 2012 Wisconsin L. Rev. 1285-1365 (2012) (co-authored with Richard W. Painter)
  • Insider Trading, Congressional Officials, and Duties of Entrustment, 91 Boston Univ. L. Rev. 1105-1163 (2011)
  • Is the PCAOB a 'Heavily Controlled Component' of the SEC?: An Essential Question in the Constitutional Controversy, 71 PITTSBURGH L. REV. 361 (2010)
  • SECURITIES LITIGATION AND ENFORCEMENT: CASES AND MATERIALS (with Richard W. Painter and Margaret V. Sachs) (West, 2nd edition 2008) and accompanying TEACHER'S MANUAL (1st Edition published 2003)
  • FERRARA ON INSIDER TRADING AND THE WALL (with Ralph C. Ferrara and Herbert Thomas) Law Journal Seminars-Press (2002, 1995) (with semi-annual updates for loose-leaf edition)
  • Insider Trading and the Gradual Demise of Fiduciary Principles, 94 IOWA L. REV. 1315 (2009) (selected by the Corporate Practice Commentator as one of the Top Ten Corporate and Securities Articles of 2009)
  • Regulating the Mutual Fund Industry, 1 BROOK. J. OF CORP., FIN. AND COMM. LAW 11-44 (2006) (Symposium Issue)
  • Playing Peekaboo with Constitutional Law: The PCAOB and Its Public/Private Status, 80 NOTRE DAME LAW REV. 975-1071 (2005) Reprinted in 38 SECURITIES LAW REV. 424 (2006) (ed., Donald C. Langevoort)
  • The "Possession vs. Use" Debate in the Context of Securities Trading by Traditional Insiders: Why Silence Can Never Be Golden, 67 U. CIN. L. REV. 1129-1200 (1999) (Annual Corporate Law Symposium issue)
  • Reframing the Misappropriation Theory of Insider Trading Liability: A Post-O'Hagan Suggestion, 59 OHIO ST. L. J. 1223-1310 (1998) Reprinted in 41 CORP. PRAC. COMM. 607 (1999) (ed., Robert B. Thompson)
  • Judicial Reliance on Regulatory Interpretations in SEC No-Action Letters: Current Problems and a Proposed Framework, 83 CORNELL L. REV. 921-1013 (1998) Reprinted in 31 SECURITIES LAW REV. 75 (1999) (ed., Donald C. Langevoort) and 1998-1999 CORP. PRAC. COMM. 569 (ed., Robert B. Thompson)
Other Writings
  • Hearing on H.R. 1148 - The Stop Trading on Congressional Knowledge (STOCK) Act - Before the U.S. House Committee on Financial Services, December 6, 2011 (written testimony)
  • Hearing on Insider Trading and Congressional Accountability Before the U.S. Senate Committee on Homeland Security and Governmental Affairs, December 1, 2011 (written testimony)
  • Op-ed, Enforce Laws to Right Lawmaker Insider Trading, ROLL CALL, October 12, 2011 (written testimony)
  • Supreme Court Amici Curiae Brief of Law Professors in Support of Petitioners in Free Enterprise Fund v. Public Company Accounting Oversight Board, No. 08-861, August 3, 2009