What constitutes insider trading information?

[fenders53]

I've always wondered how the rules apply to lower level employees?  So what if a person works at a publicly traded DGI company,  a major home improvement retailer for example.  He is aware of same store sales goals at his store.  Aware of success or failure to meet monthly sales goals.  Has some visibility of the regional sales, and knows obvious things like the prolonged ridiculous winter weather is hurting business.  It's not like he is working at corporate and has real insider info on the next quarters earning report.  Is it legal to voice opinions on investing forums such as this one and S.A.?

Asking for a friend. 

[Binary]

I work for a dividend king, our company policy tells us to notify corporate before buying. I never did that so don't know the details. We get to know corporate numbers only with the press release. I see some forecasts before, but only for my small business unit.

[fenders53]

I've always wondered because I see low level employees chatting on forums since forever, and I do the same as well at times. I know the rules would be difficult to enforce. Most major corps have programs to allow allow their employees to purchase shares at a discount and they are obviously informed when you are buying. Internet chatter is what I was curious about. If I was working at corporate it would be an obvious infraction of SEC rules to share information.

[Otter]

This Congressional Research Service paper by a legislative attorney offers a good primer, but is no substitute for legal advice:

https://fas.org/sgp/crs/misc/RS21127.pdf

Insider trading cases are some of the most difficult to bring from the standpoint of the DOJ, as proving the requisite intent to deceive under Rule 10b-5 is often difficult, and typically requires obtaining a damaging admission from a defendant, co-defendant, or cooperating witness. That said, my general rule of thumb is, if there's even a shadow of a doubt that the activity in question could run afoul of state or federal regs, don't do it. No trade is worth paying a team of defense attorneys up to $1,000+ per hour for an indeterminate period of time.

[fenders53]

The terminology in that document clears it up well enough. It is not a big deal to share sales info posted on employee break room walls, or personal observations. That would never meet the standard of "confidential" or non-public information. Sharing it on the internet makes the info even more "Public", and clearly not for unfair personal gain, provided you are not knowingly spreading deceptive information to influence others to buy or sell a security, and potentially benefit yourself.

It was always something I was curious about.