Haynes and Boone's Newsroom

Rule 10b5-1 Trading Plans Face Scrutiny
04/19/2007
Thad Behrens, George Bramblett Jr., Nicholas Even, Carrie Huff, Odean Volker

Rule 10b5-1 plan participants, beware. The SEC recently indicated its increased focus on what it perceives as potential abuse of pre-arranged trading plans under Rule 10b5-1. By design, Rule 10b5-1 protects executives’ trades executed pursuant to a pre-arranged trading plan established while the executive was not in possession of material nonpublic information.