Although the Securities and Exchange Commission rules governing selective disclosure and insider trading do not contain provisions specifically addressing executive health, publicly traded companies they must however manage the potential implications of their health health of managers with strategic responsibilities on the perception of the future success of the company as well as on their correctness in disclosing information material to investors. This can be a difficult task, as an employer disclosing details about an employee's health appears to be against the special privacy protections afforded to health information in the United States, but such information can undeniably influence investor decisions. Recently, the Securities and Exchange Commission launched an investigation to evaluate statements made by Apple, Inc. regarding the health of CEO Steve Jobs. While not yet a formal investigation, this unprecedented assessment of health-related disclosures raises significant questions about how such information should be treated and how the rights of investors should be weighed against the rights of executives. Furthermore, if this practice becomes regular, it could lead to unfair and burdensome erosions of executives' rights to privacy and medical autonomy. Background In 2003, Jobs was diagnosed with a rare form of pancreatic cancer that, unlike most forms of the disease, could be reliably and successfully treated with a surgical procedure. Against his doctors' recommendations, Jobs initially tried to deal with his illness by adopting a special diet. However, nine months after his diagnosis, he was forced to accept prescribed treatment when a scan revealed that the tumor in his pancreas had grown. Apple broke the news of Jobs' illness and surgery soon after... middle of document ......sion=2008030510.Gullo, K., C. Guglielmo, & D. Scheer (2009) . SEC Review of Apple Could Put Investors at Privacy Risk (Update 2). Accessed February 15, 2009 at: http://www.bloomberg. com/apps/news?pid=20601109&sid=a3N36w1tFNbc&refer=home.Hargreaves, S. (2008). Apple shares hit by web rumors. Accessed February 15, 2009 at: http://money.cnn.com/2008/10/03/technology/apple/index.htm. Kane, Y. I., and K. Scannell (2009). Apple overcomes crisis, but faces SEC investigation. Accessed February 15, 2009 at: http://online.wsj.com/article/SB123255729957302873.html.Tobak, S. (2009). Did Apple Break SEC Disclosure Rules Regarding Steve Jobs' Health? Accessed February 15, 2009 at: http://blogs.bnet.com/ceo/?p=1660.US Securities and Exchange Comission (2000). Selective disclosure and insider trading. Accessed February 15, 2009 at: http://www.sec.gov/rules/final/33-7881.htm.
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