henke: The question then become what is an insider. Martha Stewart successfully argued she was not. Mark Cuban is now making the same argument - even going further and admitting he had information provided by the CEO that was not public, and then traded on it.
I don't spend much time worrying about YA (it is what it is) but I am guessing they would argue the same: having access to confidential information, and then trading on that information, does not make a person or entity an insider. Just privileged, which is far from illegal in the US.
If I was a betting man, I would guess Mark Cuban will win, again, in court.
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