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Use of Blind Trusts to Protect Against Claims of Insider Trading

They may be a more flexible alternative to 10b5-1 plans.

If your client is an insider of a company and wants to sell company stock while protecting against claims of insider trading, a traditional approach has been to create a Rule 10b5-1 plan (10b5-1 plan). If properly structured and executed, a 10b5-1 plan affords an insider exposed to material non-public information (MNPI) with an affirmative defense against claims of insider trading.


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