Ddweller re Merritt's sale being preplanned or discretionary
Although I am not absolutely positive that Merritt's sale was a voluntary discretionary sale, I am fairly certain that it was discretionary and not a preplanned 10b5-1 sale. Olddog posted IDCC's official policy regarding 10b5-1 preplanned sales. Since Merritt's sale was not from restricted stock or from exercising options expiring within one year, then his sale doesn't fit IDCC's stated criteria for a 10b5-1 preplanned sale.
Also IDCC had given previous disclosure that both Campagna and Goldberg would be using 10b5-1 preplanned sales in conjunction with expiring options in 2004. However, there was no previous mention of Merritt using preplanned sales, only Campagna and Goldberg.
Lastly if Merritt's sale was preplanned, then that fact could have been footnoted on the F4. There was no mention on the F4 that Merritt's sale was preplanned under 10b5-1 rules. However, that is one thing that bothers me about Campagna's sale. Campagna's sale did fit the criteria for a 10b5-1 preplanned sale from expiring options and I think his was preplanned, but it was not noted as such on the F4. I would think that IDCC should make sure that any insider sale involving a 10b5-1 preplanned sale would be so noted on the F4 to help minimize the damage arising from insider selling.