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material non public question
so let’s say a well known activist investor, say carl icahn, is known to cause a boost in the stock price when he takes a stake. he holds both passive and active minority stakes (NOT tender offers), but is generally an activist, and stocks tend to move up meaningfully if it’s perceived that he’s involved.
is it a violation if:
1) you overhear icahn at a restaurant telling one of his employees he’s about to buy an 8% stake in company XYZ
2) icahn is your friend and he tells you in a meeting he has done 3 months of work on company xyz and thinks theres a lot of value (but doesnt tell you hes going to buy)
3) icahn tells you he’s going to buy an 8% position in XYZ
the underlying premise of the question is - what constitutes market moving info?
if you substitute “icahn” and “buy a stake” with “WSJ reporter” and “write a positive article”, is it different? |
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