Insider trading isn’t because he has non-public information. It’s based on trust/fiduciary responsibilities. It would be a hard sell to claim he betrayed anyone’s trust by trading on the performance he saw as a customer.

That’s not insider trading. It’s using nonpublic information, legally.

The example that my business school professor gave was that if you’re riding in an elevator with two executives and they talk about how they’re going to miss numbers and trade it’s not insider. If one of them tells you specifically, it is.