Earlier this year Dallas billionaire Mark Cuban persuaded a judge to dismiss a U.S. Securities and Exchange Commission insider-trading case against him. Now, that same judge has issued a rare ruling that allows Cuban to take depositions in an effort to show that the government should pay his attorneys’ fees.

On Dec. 4, U.S. District Judge Sidney Fitzwater issued an opinion and order that allows Cuban to conduct discovery to support his contention that the judge should award him attorneys’ fees because the SEC allegedly acted in bad faith when it investigated Dallas Mavericks owner Cuban and filed the suit against him last year.

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