The company is allowed to trade on their insider information. That's perfectly normal and legal.

When Warren Buffett decides that he wants to buy stock in a company, he knows that if this became public, the target company's stock would go up. Nevertheless, he's allowed to trade on this insider information (about himself!) without informing the general public first.

> You need to take your insider trading again (every bigcorp makes you do it) and learn what insider trading actually is, and why it is illegal, and why you’ll probably get caught. I’ve heard too many sad stories where immigrants from a country with looser laws came to the USA for very high paying tech jobs, and throw them away for just $100k of insider trading gains.

That's true but also entirely irrelevant to my point: in these cases the company does not consent to the employee using the information. And, yes, that's illegal.

Insider trading law in the US is about breaching fiduciary duty. If the company consents, there's no fiduciary duty that was broken. (But the conditions are more complicated. So let's go with the simpler example of a company trading on its own secret, insider information.

It's a fun little legal Gedankenexperiment to craft the conditions that make what would otherwise be insider trading legal in the US. But as you suggest, it's not very relevant in practice, because they all require the company's consent, which you normally don't get. Matt Levine sometimes likes to write about these sorts of things in his 'Money Stuff' newsletter.)