You'd have to look up recent case law, as with all SEC rules, which may be what your company is referring to. But that's the explicit design of 10b5-1: that it

You'd have to look up recent case law, as with all SEC rules, which may be what your company is referring to. But that's the explicit design of 10b5-1: that it provides coverage if all its requirements are satisfied. The SEC can charge you for making favorable trades according to a predefined plan, but they're going to have an uphill battle convicting you, if you kept your broker at arms length and didn't alter your plan beyond what was initially communicated.