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Can someone explain how this isn't insider trading? I don't really know what the rules are but after reading that article this is what I understood: Cuban gets
by smokinn 17y ago
Can someone explain how this isn't insider trading? I don't really know what the rules are but after reading that article this is what I understood:
Cuban gets an email and has a private conversation with Mamma.com CEO where get gets told there will be a PIPE.
Apparently PIPEs dilute existing shareholders and drive stock price down.
To protect his assets, Cuban trades based on the information he got. The rest of the market did not have this info.
How is trading based on a personal conversation that gives you early and unique market insight not insider trading?
- emmett 17y ago"Insider Trading", as a crime, has a very specific definition: http://en.wikipedia.org/wiki/Insider_trading#Definition_of_.22insider.22 http://en.wikipedia.org/wiki/Insider_trading#Definition_of_.... It's not merely trading on things other people don't know.
- smokinn 17y agoOk, so according to that he wasn't an insider since he didn't own over 10%, only 6,2%. Thanks.
- ryanwaggoner 17y agoHmmm...but isn't the fiduciary duty of the CEO imputed in this case? From the Wikipedia article: in many jurisdictions, in cases of where a corporate insider "tips" a friend about non-public information likely to have an effect on the company's share price, the duty the corporate insider owes the company is now imputed to the friend and the friend violates a duty to the company if he or she trades on the basis of this information.
- jrockway 17y agoSomething I have always wondered about: if you find a security problem in publicly available software, short the company's stock, and then post the hole to full-disclosure, is that insider trading? (Incidentally, I have been in this situation before, although not with any money to invest in the market ;)