Re:Equifax securities fraud class action [pdf]
by semi-extrinsic on Tuesday October 22, 2019 @12:08PM
(#21325309)
Not an expert either, but if such a thing was allowed, you could arrange to buy expensive stuff you want to have on a regular basis (I would assume this is not uncommon for CEOs) and then just agree orally with the seller to cancel the transactions when the stock is down, go through with it when the stock is up.
Re:Equifax securities fraud class action [pdf]
by jagged-chisel on Tuesday October 22, 2019 @02:03PM
(#21326784)
I think cancelling at opportune moments would fall afoul of 'pre-arrangment' whether using a plan or not.
Re:Equifax securities fraud class action [pdf]
by steveklabnik on Tuesday October 22, 2019 @11:43AM
(#21324960)
Yeah, I would assume that something like that would also be done within Rule 10b5-1, but that has hidden assumptions that I know nothing about, like that it's not just "the plan" but multiple plans, etc. Anyway, thanks.
Maybe such a thing does indeed require amending The Plan, but I haven't seen anyone with expertise chime in. I'm just saying that logically, "pre-arranged" does not necessitate "working within Rule 10b5-1"