Rebecca, a secretary at ABC Software Company, a publicly traded company, enjoyed snooping through the desk of her boss, Emma. One day while snooping, Rebecca came across information indicating that ABC Software was in the process of launching a new type of software that it was believed would be very profitable. Rebecca immediately purchased a large amount of stock in ABC Company and sold it for a nice profit after the product was made public. Her conscience was bothering her a bit, so she confessed her snooping to a friend, Jason. Jason told Rebecca not to worry because she could have no liability. Is Jason correct; and, if not, what theory of liability could be applied against Rebecca? Additionally, set forth the definition of insider under Section 10(b) and Rule 10b-5.

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The Answer of Rebecca, a secretary at ABC Software Company, a publicly traded company, enjoyed snooping through the desk of her boss, Emma. One day while snooping, Rebecca came across information indicating that ABC Software was in the process of launching a new type of software that it was believed would be very profitable. Rebecca immediately purchased a large amount of stock in ABC Company and sold it for a nice profit after the product was made public. Her conscience was bothering her a bit, so she confessed her snooping to a friend, Jason. Jason told Rebecca not to worry because she could have no liability. Is Jason correct; and, if not, what theory of liability could be applied against Rebecca? Additionally, set forth the definition of insider under Section 10(b) and Rule 10b-5.

Rebecca, a Secretary at ABC Software Company, a Publicly Traded