Live data from Hacker News

Is it insider trading if I bought Boeing puts while inside the wrecked airplane?

law.stackexchange.com

141–150 of 227 posts

Re: Is it insider trading if I bought Boeing puts while inside the wrecked airplane?

#141
post #44
post #34

Earlier quoted context omitted.

>I think this is wrong as well. The gp's wording is a little confusing but he's just trying to explain the transitive logic of non-public information transferring from a "true insider" to an outsider is also "insider trading" and thus illegal. Think of it as the provenance of information coming from an insider. E.g. Martha Stewart is an "outsider" and not an insider of drug company ImClone but she was found guilty of…

>> Martha Stewart is an "outsider" and not an insider of drug company ImClone but she was found guilty of insider trading Minor correction: she was not convicted of insider trading. That charge was dismissed. She was only convicted of lying to investigators.

[deleted]

Re: Is it insider trading if I bought Boeing puts while inside the wrecked airplane?

#143
post #123
post #115

Earlier quoted context omitted.

Huh, so sabotage of a flight on a plane where it's very plausibly related to ongoing quality control is a viable method of generating profit without suspicion - so long as the mechanic who sabotaged door to low off isn't the same one making playing the stock?

I still don't think it counts as insider trading if an outsider sabotages the airplane and buys the puts. The sabotage itself is probably a dozen federal offenses (gasp, terrorism!) resulting in actual prison time; insider trading only gets a slap on the wrist.

Agreed, it wouldn't be insider trading - just fraud - with potential horrible unintended but predictable consequences; of which the person(s) buying the stock around that orchestrated event happens would be complicit in.

There's probably far easier and more lucrative ways for clever criminals to execute on though.

Re: Is it insider trading if I bought Boeing puts while inside the wrecked airplane?

#144
post #90

Earlier quoted context omitted.

Important clarification: you do not need to have confidentiality obligations with respect to the information or a fiduciary relationship, it need only be information that is material and non-public information that belongs to the company (i.e. only available to those with a fiduciary responsibility or confidentiality obligation to the company). If an insider with confidentiality obligations shares material non-public…

What if you infer it from a person that does have a privilege position. Here’s the scenario. During acquisitions, acquiring company sometimes use market research companies to reach out to former execs at the company as part of their diligence. Can you trade long if you just receive a bunch of requests from market research firms but never actually talk to the acquiring company?

There's an ongoing insider trading case where an executive at Company A learned that Company A by might acquired. He then bought call options on his closest competitor assuming that the news of Company A being acquired would cause the value of the competitor to also increase.

https://corpgov.law.harvard.edu/2023/12/17/sec-defeats-summa...

Re: Is it insider trading if I bought Boeing puts while inside the wrecked airplane?

#145
post #45

Matt Levine covered this well too: https://archive.is/Kd6Os The answer being no, because as a consumer you have no duty of confidentiality.

What if in the fine print of your ticket purchase was an NDA clause?

Now you’re gonna have terms like that on your next ticket.

And you’ll get charged a fee for the privilege.

Re: Is it insider trading if I bought Boeing puts while inside the wrecked airplane?

#146
post #45

Matt Levine covered this well too: https://archive.is/Kd6Os The answer being no, because as a consumer you have no duty of confidentiality.

What if in the fine print of your ticket purchase was an NDA clause?

IANAL and it depends by jurisdiction but I don't you can stick whatever you want in those sort of shrink-wrap contracts. And according to this site[1] there's at least one (Finland) where surprising terms specifically are not allowed.

[1] https://www.dlapiperintelligence.com/goingglobal/intellectua...

Re: Is it insider trading if I bought Boeing puts while inside the wrecked airplane?

#147

Earlier quoted context omitted.

I think it's mostly a joke, the original post is from Reddit r/WallStreetBets. But regarding Air Traffic controllers, it appears they are barred from owning airline stock https://www.law.cornell.edu/cfr/text/5/6001.104 (b)

I would love to see congressional members and their families banned from the same. It’s a big ask though. Where do you draw the line? So either that, or I can get Pelosi ETF.

Has someone done that? Created a virtual etf of pelosi’s stocks?

Re: Is it insider trading if I bought Boeing puts while inside the wrecked airplane?

#148
post #67

Hmm. So a rouge Meta employee could put a barometric pressure monitor in Messenger or WhatsApp (that people use even without paid in-flight wifi) to detect depressurization and automatically short the airline and aircraft manufacturer.

But they could do it under the guise of a distributed barometric weather station system.

….which actually kinda seems doable

Re: Is it insider trading if I bought Boeing puts while inside the wrecked airplane?

#149
post #129

Earlier quoted context omitted.

Important clarification: you do not need to have confidentiality obligations with respect to the information or a fiduciary relationship, it need only be information that is material and non-public information that belongs to the company (i.e. only available to those with a fiduciary responsibility or confidentiality obligation to the company). If an insider with confidentiality obligations shares material non-public…

That’s not quite correct, it depends on the nature of the disclosure. Someone receiving information from an insider needs be independent of personal, financial, and quid pro quo relationships. So a random person that happens to sit next to a CEO on an airplane can trade on whatever they hear. The CEO’s mistress sitting on the other side of them can’t.

This exact scenario happened to me. I was flying United business class SFO to EWR and the guy next to me was writing a Powerpoint slide in 9000-point bold type "BUY XYZ CORP FOR 880 MILLION" and when I got to work a few hours later our counsel advised me that it was not at all improper to trade on that information, which we did.

Re: Is it insider trading if I bought Boeing puts while inside the wrecked airplane?

#150
post #91

UK rules differ from the US there is a 3-point test for insider trading: 1. The information has to be specific - Yes - you should sell Boeing 2. Would a reasonable investor take this information into account when making a decision to trade - Yes - this seems quite clear 3. The information must be non public - IIRC disclosure to a large group of people - in this case the perhaps 200ish people on the plane knowing it h…

The fourth point, which most comments seem to be missing: would a court and appeals court take that same stance?

here in the US, quoting statutes on this topic is not useful because we also don’t have a specific statute, we have a couple of general fraud statutes that the regulator has contorted itself to fit scenarios in

Post reply on HN