Cadwalader partners Ken Breen and Phara Guberman and associate Elizabeth Gorman Shults authored an article, "Rule 10b5-1 Insider Trading Plans: Increased DOJ Emphasis Checklist," published by LexisNexis in its "Securities Litigation/Enforcement & White Collar Practical Guidance" series on August 23.
Under Rule 10b5-1 of the Securities Exchange Act of 1934 (17 C.F.R. § 240.1b5-1) the plans allow a safe harbor for insiders to conduct transactions in their company's securities. Ken, Phara and Elizabeth discuss the 10b5-1 Plans, recent developments in the prosecution by the Department of Justice (DOJ) of their misuse, and key takeaways from the government's new approach to suspected insider trading violations related to 10b5-1 Plans.
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