facts beginis, some ta to emerge. they can see how certain actions could advantage and company. bad on the information that they are concluding, one person may be concluding even there there are no facts to support it. they can say we are working on this legislation. these companies are involved. i believe if we go this way the company will lose a lot of money. there are going to go gain a lot of money. i've been thinking it through. this is what i believed. the staff member does not act upon that information and go out and start trading. do they become a tipster? that person is very smart. i've always listen to what that person has to say. they say this will le to the company. to i am going to invest. i'm going to trade. what is that? is that tipping? is the undermining the fiduciary responsibility? how would one calculates that? >> under this rule, whether it is the sec or the justice department, the government would have to show that the person who communicated the information breached a duty of trust and confidence. what the supreme court has interpreted that to mean is the