Friends and Family: Keeping Loved Ones Safe from Insider Trading Temptations

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The holidays are in full swing, and now is the perfect time for executives to renew their determination to protect family and friends by not sharing work secrets with them, even indirectly or obliquely.

Each year, corporate officers, directors, employees, and service providers get caught up in insider trading investigations for which they are a potential source of the material, nonpublic information the government believes inspired trading. Corporate executives and other business professionals might feel confident that their own moral compasses will steer them clear of insider trading or tipping liability. But as the cases described in this article demonstrate, refraining from trading on material, nonpublic information is not necessarily enough to protect against potential insider trading liability. And although most executives and business professionals would never think of engaging in schemes to tip others who would then trade, it is not enough to merely refrain from intentionally tipping others.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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