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The predetermined sells side still has a loophole. Executives generally build their schedule in a relatively aggressive manner and cancel sells as they see fit.

I only know because I drove a CEO for the company I worked for to a meeting and we got to talking about stocks. He explained this loophole to me as his way to effectively trade how he wants with legal protection from insider trading.

From Wikipedia: "After Rule 10b5-1 was enacted, the SEC staff publicly took the position that canceling a planned trade made under the safe harbor does not constitute insider trading, even if the person was aware of the inside information when canceling the trade. The SEC stated that, despite the fact that 10b5-1(c) requires trades to be irrevocable, there can be no liability for insider trading under Rule 10b-5 without an actual securities transaction, based on the U.S. Supreme Court's holding in Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723 (1975)." [0]

[0] https://en.m.wikipedia.org/wiki/SEC_Rule_10b5-1




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