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Re:Tesla shares dive after Consumer Reports yanks recommenda... by achamayou on Tuesday October 20, 2015 @03:46PM (#10421343)
It absolutely would be considered insider trading, as this report before its publication clearly falls under the definition of Material Non-Public Information, ie. any information that could reasonably be expected to affect the price of a security, and that hasn't been published yet.
Re:Tesla shares dive after Consumer Reports yanks recommenda... by gergles on Tuesday October 20, 2015 @03:55PM (#10421400)
You need a 'duty of trust' to a company to be an insider for IT purposes. There is 0 way a CR writer would have that.
Re:Tesla shares dive after Consumer Reports yanks recommenda... by ghancock on Tuesday October 20, 2015 @05:23PM (#10421907)
A CR writer would absolutely have duties to CR. See https://www.law.cornell.edu/supremecourt/text/484/19 for an example of a journalist who was convicted in such a situation.