The Fifth Circuit just reinstated the SEC's case against well known Dallas Mavericks' owner, Mark Cuban. The court concluded that "[g]iven the paucity of jurisprudence on the question of what constitutes a relationship of 'trust and confidence' and the inherently fact-bound nature of determining whether such a duty exists," the better course was to allow discovery to proceed. The news wasn't all bad for Cuban, however: a district judge in D.C. ruled that the SEC improperly withheld documents from him.