Trudy was hired by Food Corporation to handle a products liability lawsuit brought against it alleging that it distributed dangerous dog biscuits.Trudy's investigation brought to light facts establishing that the biscuits were not defective and that the problem actually involved improper retention policies on the part of retailers.Trudy is aware that this information will result in the stock of Food Corporation increasing dramatically.Trudy immediately buys shares of Food Corporation and tells her fianc, Frank, about the expected increase as well.Trudy tells Frank because she wants to borrow money from him for the trade and also because she believes that his investment will enable them to take a nicer honeymoon.Frank initially resists because of his training in business law and his concern that trading on the information would violate federal law, but he ends up going along with Trudy because he too wants a nice honeymoon.Trudy's suspicions come true.The lawsuit is dismissed, the stock increases dramatically, and she and Frank go on a great honeymoon.The day after they return, an investigator from U.S. Attorney's Office interviews her regarding her trades and those of Frank.

Can Trudy be considered an insider of Food Corporation? Explain. Is there a basis upon which to hold Frank liable for a securities violation based upon his receipt and use of the information? Explain.