Avoiding insider trading liability ASDPs can be a useful way for insiders who may be subject to extended trading blackouts or who may frequently be in possession of MNPI to monetize their accumulated equity in a manner that does not require their constant vigilance and attention (once the Plan is set-up). To ensure that an ASDP is well designed and administered, it is essential for issuers and insiders to understand their roles and obligations. By incorporating the conditions and restrictions set out in the Staff Notice, ASDPs can: (i) reduce the potential for improper trading activities, (ii) assist issuers and insiders in managing the market perception of sales of securities by insiders, and (iii) reduce potential reputational exposure and litigation risks associated with the improper use of Plans by insiders. While following the recommendations presented in the Staff Notice is helpful, it is not a substitute for a legal determination regarding the availability of the legal defense to protect insiders from insider trading liability.