I wouldn't be so sure about their lawyers being "very aware" of the law. If they were, they wouldn't have called it a "tip" in the first place, as "tip" has a specific legal meaning in most states and in the US tax code.

In fact, I would hesitate to say that the lawyers for most startups have any clue what they're doing, as most seem to be in it to play startup lawyer rather than provide necessary legal advice to their client/employer.