this post was submitted on 25 Jun 2023
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NDAs contribute to insider trading, not mitigate it.
It means the people who know they are doing shitty things can’t warn everyone else
No, they don't. If you can't track where information is, the ability of people to act on a tip massively increases, and the enforcement is much more difficult.
They are effectively legally required to use NDAs when discussing future directions of their business. There may not be an explicit regulation you can point to, but when information is spread around without tight control and someone acts on it, the SEC can and very willingly does get involved. There's a reason it's effectively universal for any publicly traded company with meaningful legal representation, and it's because it's a ridiculous level of negligence to have those conversations without them.