Silicon Valley / San Jose Business Journal, November 13, 2009 by William-Arthur Haynes
http://sanjose.bizjournals.com/sanjose/stories/2009/11/16/story3.html
“It’s an odd thing,” Talley said. “If Company A doesn’t have a confidentiality policy that extends to the intent of future commercial purchases then, yes, it’s material and nonpublic but the employee isn’t breaching fiduciary duty by disclosing that.”