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That Office Prediction Pool Could Be Your Personal Legal Problem

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Your coworkers started a friendly pool on when the company’s next product ships, and you put in twenty dollars without thinking twice.

It felt like a fantasy football bracket, not a legal problem.

California does not see it that way if you know something the public does not.  A Google engineer was recently charged by federal authorities after trading on prediction-market platforms using nonpublic information from his own employer’s internal search-ranking data, profiting roughly $1.2 million before he was caught.  California has its own insider trading statute, Corp. Code § 25402, separate from federal securities law and, in one respect, broader than it.  It reaches not just classic corporate insiders but anyone whose relationship to a company gives them access to material nonpublic information, which can include a marketing employee who knows a launch date, an HR employee who knows an executive is leaving, or a finance employee who has previewed the numbers for an earnings call.

A violation of § 25402 can trigger treble damages for the company under § 25502.5.  That framing usually makes it sound like a company problem, but the employee who traded is the one facing personal civil exposure, and potentially criminal exposure, not just an HR write-up.

If your workplace has an informal prediction-market pool tied to internal company events, and you have access to information about those events before the public does, that combination carries real personal risk, separate and apart from whatever your employer’s own policy says about it.  Contact Michael Trust Law, APC for a no-charge initial consultation.  The facts determine whether you have a issue — and how much of a conversation that takes.

This post shares general information based on common patterns I see in California workplaces.  It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts — no lawyer can guarantee a result.  Past results do not guarantee or predict future outcomes.  AI may have been used to create this post.  All content reviewed by a CA attorney before publication.

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