What Fund Managers Can Learn From “Tipper X”

SEC Chair Jay Clayton stepped down from his position at the end of 2020. Thus, President-Elect Joe Biden will have the opportunity to appoint the new head of that important regulator. One name that is on nearly all media lists of potential replacements is Preet Bharara, former U.S. Attorney for the Southern District of New York. Although the SEC has always targeted insider trading, if Bharara were to become the new SEC Chair, that could mean increased focus on insider trading – a topic near and dear to Bharara, who led a task force created to develop proposals for updating the law on insider trading. The possibility of that increased focus – coupled with the heighted insider trading risks created by the new work-from-home environment – should motivate fund managers to examine their existing insider trading policies and procedures. To help mitigate enhanced insider trading risks, fund managers should consider the perspective of Tom Hardin, founder of Tipper X Advisors LLC; former long-short equity analyst focused on the technology sector; and known as “Tipper X,” one of the most prolific informants in securities fraud history as part of “Operation Perfect Hedge,” the government’s crackdown on insider trading in the hedge fund industry. The first article in our two-part series based on an interview with Hardin presents his insights on how private fund compliance staff can prevent and detect insider trading activity, including best practices for training employees, ensuring prudent email use, preventing employees from rationalizing their insider trading, restructuring employee compensation to avoid incentivizing risky behavior and identifying insider trading activity. The second article analyzes ways regulators combat insider trading activity and the impact of insider trading cases on the regulatory environment. See “Coronavirus May Increase Risk of Insider Trading” (Apr. 30, 2020); and “Advisers Must Have Strong Insider Trading Controls or Risk SEC Sanctions” (Apr. 2, 2020).

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