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Sorry...I’m not about to get into a “size of your junk” contest but I’m extremely comfortable with my capital appreciation on this investment.
RAF how's your portfolio performed? JL? HD Gabor? Was your sole tool TA? Sorry, I’m making an assumption that you all have a net gain...and you didn’t rely solely on “the only way to make money with this stock”.
I didn’t take offense because if you go back to the beginning all i ever said was an exercise for cash option was bullish (with a caveat that if he sells it would change my perception ). There are other options that a better suited if his intention was to sell. That’s all we know at this point.
You jumped in to say you disagree because the BB sold some Nominal amount (but i think they also sold portions of their 6 largest positions). You inferred..sorry stated..people are making up stuff to turn something negative into a positive. There is no way you can connect Thero’s cash exercise and the BB rebalancing of their portfolio (they didn’t just sell AMRN, they sold some of all of their biggest holdings) as a negative, but apparently you see something. And you outright said he will sell based on the preceding evidence above.
So...i really thought that was a self-deprecating picture based on what you wrote (tongue i cheek, but i never took offense)
And for the record TA has its place but it’s not the only thing you should consider...hence my reference to animal entrails and your view of TA. We can agree to disagree if you are convinced TA is the only thing you should ever consider.
Wow...wasn’t expecting to catch up on this news. Really happy for the outcome. Doesn’t really make most of these issues seem all that important in the grand scheme of things. Difficult few weeks for you I’m sure. Wishing you a quick and full recovery.
Or the ones that think animal entrails are the complete story. I was thinking that artwork was directed at me but realized you must have meant it in a self deprecating way...thanks for that, nice to see you can laugh at yourself.
There are basically three ways to exercise employer stock options. From Fidelity (as an example but NOT exclusive to Fidelity)...
Initiate an Exercise-and-Hold Transaction (cash-for-stock)
Exercise your stock options to buy shares of your company stock and then hold the stock. Depending on the type of the option, you may need to deposit cash or borrow on margin using other securities in your Fidelity Account as collateral to pay the option cost, brokerage commissions and any fees and taxes (if you are approved for margin).
The advantages of this approach are:
benefits of stock ownership in your company, (including any dividends)
potential appreciation of the price of your company's common stock.
NOTE: this is the option Thero chose and maximizes ownership and long term appreciation - bullish. The other options are much more likely (particularly #3) if he intended to sell as you inferred.
Initiate an Exercise-and-Sell-to-Cover Transaction
Exercise your stock options to buy shares of your company stock, then sell just enough of the company shares (at the same time) to cover the stock option cost, taxes, and brokerage commissions and fees. The proceeds you receive from an exercise-and-sell-to-cover transaction will be shares of stock. You may receive a residual amount in cash.
The advantages of this approach are:
benefits of stock ownership in your company, (including any dividends)
potential appreciation of the price of your company's common stock.
the ability to cover the stock option cost, taxes and brokerage commissions and any fees with proceeds from the sale.
Initiate an Exercise-and-Sell Transaction (cashless)
With this transaction, which is only available from Fidelity if your stock option plan is managed by Fidelity, you may exercise your stock option to buy your company stock and sell the acquired shares at the same time without using your own cash.
The proceeds you receive from an exercise-and-sell transaction are equal to the fair market value of the stock minus the grant price and required tax withholding and brokerage commission and any fees (your gain).
The advantages of this approach are:
cash (the proceeds from your exercise)
the opportunity to use the proceeds to diversify the
investments in your portfolio through your companion Fidelity Account.
Psea's comment is exactly what I’m talking about. Just because he exercised, it must mean any short term deal is off the table. There is no way to make that correlation without facts. The fact is thero's tax situation is indifferent to any short term buyout. If he didn’t exercise and they are bought out it’s a short term gain. If he exercised and they are bought within 12 months, it’s a short term gain. Same tax liability in either scenario. My interpretation unless he sells shortly is that he’s bullish and expecting material appreciation in the stock price.
I’m not as eager as some to prove i don’t know as much as i think i do.
No. Options are taxed as ordinary income (market price - strike price is considered the income) when exercised as short term capital gain. Exercising at a lower price and holding for more than a year if you expect material appreciation in value, would result in a lower tax because the gain from the exercise date would be treated as a long term capital gain and taxed at a significantly lower rate, especially for someone in thero's tax bracket. Waiting to excercise until it appreciates would result in the entire gain being treated as a short term gain (all of it would be taxed as ordinary income at the same rate as his salary).
And for those perfectionists, this is meant as a layman's description and should not be construed as tax advice or a reference to the irs tax code definitions.
He doesn't want more taxes, he wants more income.
It is easy to manipulate earnings on a sub s because it’s set up as a pass through to the owner to avoid double taxation of a typical corporation. It is also easy for a publicly traded Corp on a tax basis (although technical not manipulation but awareness and utilization of the tax code loopholes passed by Congress). Not as easy on a gaap basis although possible. Problem is it’s fraud if it’s manipulation and results in a restatement of earnings, major sec regulatory exposure and class action stock drop claim when uncovered by the independent external auditor.
By the way...every example exists by in nature as part of a more complex unpurified entity. Creating a drug means simplifying and purifying the exact chemical entities that produce outcomes.
Fish oil is not the same chemical entity in the same way as saliva from a Gila monster is not a drug but may be considered a supplement. Creative angle though.
These authors who aren’t afraid to put their names and credentials (meaning they aren’t afraid to stand behind and defend their work publicly) have a different view of animal derived pharmaceuticals (aka drugs and not supplements). Any thoughts or creative rebuttal?
http://alphaomegaalpha.org/pharos/PDFs/2015-1-Bozoghlanian-Butteri.pdf
Irish incorporation?
Regarding the Irish takeover/buyout laws...the company’s headquartered in Ireland but incorporated under the laws of England and Wales (post a couple of days ago had a link that clearly spelled out the corporate structure...don’t remember who posted or the exact date). Irish buyout laws are irrelevant. People keep referencing the shareholder friendly laws of Ireland but they don’t matter. Just mentioning it to set the record straight. It’s also clearly stated in the 10-k if that’s easier to find.
East norwalk
Yes. Where in ct?
The market is closed. Give it up...at least until Monday. Then you can say i told you so...or you can hide for a couple of weeks and then tell us how a buy out/bidding war is bad for the stock price.
Paradigm shift...history is generally not an indicator of the future when this happens. You might be right, but...well we will have to see what Monday holds for us. Good luck!
I will sleep well tonight...just wish for my own selfish, sleep deprived reasons, you didn’t wait until now to share your thoughts...not that you would have had any reason to be concerned with someone that posts 3x a year.
I was going to thank the usual suspects but we’re about to be rich and i shouldn’t care about other people...I’m trying to acclimate so no offense.
I think closing volume says as much or more than the closing price. Shorts may keep it here but it will require a lot of volume imo. Betting window is closing.
Let’s get ready to rumble...About to get interesting. Next 30 min should be fun. I don’t know where we end but excited to see the upcoming fight.
First, why do we keep doing this...no one really knows, do they? I’m going to indulge as well ‘cuz why not and we only have a couple days left’ but no one knows where this will end. My answers below depict that the question has created two alternate universes...an EOY scenario with both a “so so” and “great” reality. I’m not trying to be obnoxious...just explaining my answers.
Now for my diatribe: We (the longs) made a bet that had what appeared to be minimal or relatively little downside but huge upside. Check mark for the longs...
Other than the fact that we know the top-line and there is an ‘experienced’ market (emphasis on the quotes), this would be relatively defined as a ‘unknown and unknowable’ scenario by Richard Zeckhauser. To provide some attempt to normalize our current situation, the “so so” scenario is what is expected by historical comparison and accepted as probable or tolerable risk levels by 99ish% of the universe. The “great” is the paradigm shift that no one other than David Ricardo or Nathan Rothschild (or our own JL) would have recognized as an asymmetrical bet. We either thought the risk reward payoff was obscenely attractive and/or we had information that others didn’t yet recognize.
Once word gets out about the results of Waterloo...how does the market react? To borrow from Tasty...a good secondary investment might be in Kimberly Clark for the increased demand in “Depends”.
Despite the obvious hyperbole, the unknowns are still unknown by the market and us. I personally can’t completely discount the risks. Others won’t either and it may suppress the price...certainly over the 7 weeks of this hypothetical thought exercise.
Now that I have attempted to pretend to portray I know some obscure crap about nothing (and I’m guessing I lost most people at Richard Z), for those that got this far; just let my creative liberties be...my work is fiction.
25 - 11/9
20 - 11/12 - so so definition - interpretation on my part...min SE SS: meaning not mambo #5, or #4 or...(but I’m with you Tasty. I got my Depends earlier tonight but explaining my definition for this hypothetical exercise)
65 - 11/12 great...mambo #5 scenario
80 - EOY (assumes we get great results on 11/10...if “so so” then languish around 20-30 but don’t think that’s likely)
They are not doing a secondary for some very obvious bullish reasons....the stock went from $3 to $20ish and no secondary? If the news is not beyond expectations (i.e., stellar, extraordinary, paradigm changing, etc.) they will likely have a major class action shareholder lawsuit simply for not doing the secondary now. They don’t want a significant shareholder class action. Every public company does everything in their power to avoid these (except maybe Tesla). These aren’t good marketing tools when you’re trying to sell the public on how unique/exceptional your unknown product is.
What’s the French word I’m looking for? Dumais?
Your post makes it seem that you would sell after you found out (along with the rest of the general public) they announced a secondary.
If they do announce a secondary (unlikely) the market will react negatively at first (because there are a lot of ‘dumaises’ that invest in the stock market). If they did a secondary (again unlikely but that’s kinda obvious at this point that they won’t) within 1/2 a trading day it would be overwhelmingly positive.... cash flow problem solved for expansion.
I’m not directing this at you but at how i interpreted what you wrote. It would be a happy coincidence to find out your familial name was ‘dumais’.
I agree it will be crowded and there will be a lot of interest, but I think the publication in the NEJM is the real binary event for the company (AHA will likely still be a significant event for shareholders and share price). Not sure we have a definitive date on that but from my discussions with clinicians, they are aware of (less than I had hoped) the Reduce-IT top line and want to hear the details at the AHA, but are still apprehensive of the results until it goes through the peer review process.
The market will likely react to the AHA details but clinician behavior will likely not materially change before the NEJM publication based on my discussions. If we get that publication consistent with this board's expectations, I think we start to see the hockey stick rise in scripts.
My point is that everything up to the publication in the NEJM is based on assumptions and inferences. Assuming we get the peer reviewed validation, that is when it becomes reality for most of the medical community.
Admittedly this is not my field and I realize I'm subjecting myself to the "you don't know anything" rebuttals. Just passing along what I've researched to date.
Great article. Thanks for posting. Particularly like how this author closes out the story (spoiler alert):
I should also point out for the uninitiated, I'm significantly better off financially because of these "characters". Much respect to those that made my list.
second correction...
BioBill video
https://video.search.yahoo.com/search/video;_ylt=A2KLfSA40bZbAUoAnBFXNyoA;_ylu=X3oDMTE0bm1vYjRsBGNvbG8DYmYxBHBvcwMxBHZ0aWQDQTA1MjFfMQRzZWMDcGl2cw--?p=what+color+are+the+clouds+in+your+world%3F&fr2=piv-web&fr=mcafee#id=1&vid=302f4827e3180602917f00ef80a2066d&action=view
second correction...
BioBill video
https://video.search.yahoo.com/search/video;_ylt=A2KLfSA40bZbAUoAnBFXNyoA;_ylu=X3oDMTE0bm1vYjRsBGNvbG8DYmYxBHBvcwMxBHZ0aWQDQTA1MjFfMQRzZWMDcGl2cw--?p=what+color+are+the+clouds+in+your+world%3F&fr2=piv-web&fr=mcafee#id=1&vid=302f4827e3180602917f00ef80a2066d&action=view
realized there might be confusion with the RafunRafun video so I thought a clarification from my perspective was in order...he's the immovable one, won't back down...didn't meant to infer the bully. Only attacks when he sees a perceived wrong.
Long time observer...rare poster. At the risk of unintentionally provoking a cryptic "go fik ursof" from one or more of the top 10...the longs are winning here and thought I'd offer a light hearted top 10 character reference sheet for some of the newbies that just discovered Amarin and this board...Not sure how this will come through though...hope this works.
screen name Comment link
rafunrafun won't back down… https://video.search.yahoo.com/search/video;_ylt=AwrEwGMIzrZb0AYAz2P7w8QF;_ylu=X3oDMTBsdXNvNHVuBHNlYwNzZWFyY2gEdnRpZANCNTQ5Ng--;_ylc=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-?gprid=02b46ZqOS1mkvv_xT0DLEA&pvid=MFC8HTEwLjIhVDoFWSmMcoAcNzEuMgAAAAAhSfYy&p=little+bully&ei=UTF-8&fr2=p%3As%2Cv%3Av%2Cm%3Asa&fr=mcafee#id=67&vid=fa17a7b556f69d79765ab3d6f37dd142&action=view
HDGabor the accountant https://video.search.yahoo.com/search/video;_ylt=AwrE1xQ31LZbDUkAtwZXNyoA;_ylu=X3oDMTE0bm1vYjRsBGNvbG8DYmYxBHBvcwMxBHZ0aWQDQTA1MjFfMQRzZWMDcGl2cw--?p=the+accountant&fr2=piv-web&fr=mcafee#id=5&vid=25f1c717db1e47aa75eb91602c4af762&action=view
jessielivermore my boy's wicked smart https://video.search.yahoo.com/search/video;_ylt=A0geK.QFzrZbWGMA9UdXNyoA;_ylu=X3oDMTE0bm1vYjRsBGNvbG8DYmYxBHBvcwMxBHZ0aWQDQTA1MjFfMQRzZWMDcGl2cw--?p=condescending+genius&fr2=piv-web&fr=mcafee#id=5&vid=eb37a5df05be56f4cafb2d128f1d9276&action=view
Biobillionare There are facts in there somewhere (don't read too much into it…thought it was funny) https://video.search.yahoo.com/search/video;_ylt=A2KLfSA40bZbAUoAnBFXNyoA;_ylu=X3oDMTE0bm1vYjRsBGNvbG8DYmYxBHBvcwMxBHZ0aWQDQTA1MjFfMQRzZWMDcGl2cw--?p=what+color+are+the+clouds+in+your+world%3F&fr2=piv-web&fr=mcafee#id=2&vid=9099d4af6eb10dab1c4e8774e5ddf54d&action=view
jmfcrr james dean https://video.search.yahoo.com/search/video;_ylt=AwrEwGPv1LZbEQcAOaX7w8QF;_ylu=X3oDMTBsdXNvNHVuBHNlYwNzZWFyY2gEdnRpZANCNTQ5Ng--;_ylc=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--?gprid=drR3ZPDkSZKPHgLwLS_SyA&pvid=zXjA5zEwLjIhVDoFWSmMcoBfNzEuMgAAAACKoHGy&p=cool+like+james+dean&ei=UTF-8&fr2=p%3As%2Cv%3Av%2Cm%3Asa&fr=mcafee#id=3&vid=36d9fa36ac2336336a7ecade56dc5f21&action=view
FlyFishingStock taking my ball (listen to the whole thing) https://video.search.yahoo.com/search/video;_ylt=AwrE193c1bZbJO4AoxdXNyoA;_ylu=X3oDMTE0bm1vYjRsBGNvbG8DYmYxBHBvcwMxBHZ0aWQDQTA1MjFfMQRzZWMDcGl2cw--?p=taking+my+ball+and+going+home&fr2=piv-web&fr=mcafee#id=1&vid=d78c7d4a351b9559f33652187f6391a5&action=view
Whatalane nervous nelly http://r.search.yahoo.com/_ylt=AwrEwGju17ZbYy0AbVb8w8QF;_ylu=X3oDMTJpZDdhYWk0BHNlYwNjZC1hdHRyBHNsawNzb3VyY2UEdnRpZANCNTQ5NgRydXJsA2h0dHBzOi8vd3d3LnlvdXR1YmUuY29tL3dhdGNoP3Y9S1BNU01YbmUzenc-/RV=2/RE=1538738286/RO=10/RU=https%3a%2f%2fwww.youtube.com%2fwatch%3fv%3dKPMSMXne3zw/RK=2/RS=W4fnLqb06vIuiLKu42zikLdRLHg-
Pyrrhonian what train? https://video.search.yahoo.com/search/video;_ylt=A0PDsBsr2LZbczkA54hXNyoA;_ylu=X3oDMTE0bm1vYjRsBGNvbG8DYmYxBHBvcwMxBHZ0aWQDQTA1MjFfMQRzZWMDcGl2cw--?p=what+train%3F+I+don%27t+see+a+train%3F&fr2=piv-web&fr=mcafee#id=5&vid=e47ffc5cf718a42b2647181ce8ca9c2a&action=view
TastytheElf video speaks for itself https://video.search.yahoo.com/search/video;_ylt=AwrEwGOR0bZbEwcA8Tj7w8QF;_ylu=X3oDMTBsdXNvNHVuBHNlYwNzZWFyY2gEdnRpZANCNTQ5Ng--;_ylc=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-?gprid=TcmzeSaWQtmo7A.I1Y_30A&pvid=NFrSCDEwLjIhVDoFWSmMcoA7NzEuMgAAAABXRzeA&p=kevin+hart+i+have+two+accounts&ei=UTF-8&fr2=p%3As%2Cv%3Av%2Cm%3Asa&fr=mcafee#id=33&vid=067ecddef407a711ab73ae7a8cbb8620&action=view
at this point...don't get me wrong, I love cheer-leading, but I also want to know what entertainment enterprise picks up your comedic skills. I'm bailing on AMRN and all in on that company (if it happens before the announcement). afterwards, i'm in ibiza driving some kinda exotic car and i won't notice. your window is limited...just sayin'
(Not that you care) I appreciate your perspective on the technical side of things. I know you take a beating at times, but I do think your intentions/perspective are sincere. I am long AMRN and often don't see things the same way you do, even when you're including volcanoes in your charts. I do appreciate the different perspective (same appreciation for "the one who's name shall not be spoken"). Nice to see you admit/reaffirm you have tools but not a crystal ball (admittedly my words not yours).
Third option...’as a fud’ster on an anonymous message board, that interview just destroyed my playbook. How am I going to convince any of these idiots to sell their shares now?’
Any other options? Again just trying to understand what you meant. Still leaning towards #2, but giving you the benefit of the doubt. I do like your antagonist approach. Makes me think and I respect that.
I’m confused. Does ‘OMG’ mean ‘Crap...I was wrong and need to cover because I’m on the wrong side of this event’ or ‘As a residential contractor that reviews clinical trials as a hobby, I can’t believe this world renowned cardiologist with extensive and admittedly disclosed insight into the mechanics of vascepa and epa relative to RRR of fatal CVE’s is way off base’?
I’m gathering from subsequent posts it’s the latter but had presumptively assumed it was the former. Just looking for clarification.
They do when they find out they are working illegally, just not before they know or someone gets injured and force them to act. State agencies cites don't go after every unlicensed contractor because they don’t have they resources. They go after the most egregious...if some previously "safe" unlicensed small subcontractor suddenly starts taking payments for jobs and not performing work, they will become targets of state and local agencies...leading to your scenario where we see the villain boarding a plane to...
I don’t think he was trying to pass himself off as an expert in the US construction industry. He was trying to give you an analogy you could comprehend. You missed the point once again. You’re actually proving his point imo...replace construction references with pharma equivalent and you get the same problem. Just because a contractor hasn’t been proven to be in violation of laws doesn’t mean there is no violation and when something goes wrong there isn’t going to be any place to hide. There aren’t the same controls/quality checks with DS, regardless of what some 3rd party random test indicates. I think is particularly troubling that people like you and ralphey think it’s close enough despite no FDA oversight. Same as you saying I know the contractor isn’t licensed/bonded but he’s done hundreds jobs before so it’s safe.
And as for why Amarin waited, I can only surmise the timing has to do with the upcoming R-it results and marketing brilliance. Again that is pure conjecture and probably a biased view. Probably more likely that Amarin Mgmt missed the mark and they don’t know what they are doing.
I think that has been covered in previous posts but to summarize what I interpreted...they are a government agency with limited funds and focused their efforts on bigger problems. They have to prioritize and choose which issues have the biggest public health (and admittedly political) impact given finite resources. Unless derivative EPA was causing a public health concern it likely got de-prioritized or completely ignored, but that is more conjecture than fact. That I think is the essence of the ITC complaint.
No. I think the FDA decided when they approved Vascepa but that’s an opinion. As far as I know there only a couple of companies that have gone through the paperwork to get the altered natural chemical approved as a drug...none of which include the accused.
The question is were these altered natural chemicals illegally distributed as dietary supplements. Dietary supplements have a distinct definition as I understand it and essentially must be sold in there natural form. Altered natural chemicals must be approved by the FDA. Just because the FDA hasn’t take action doesn’t infer approval.
So you aren’t really arguing for jurisdiction. You are really inferring the FDA approval and alleged “patent war chest” is invalid. That is a sincere question because the jurisdiction issue doesn’t make sense to me.
Kiwi
Could any DS entity sell Atorvastatin as long as they didn’t mention the medical conditions approved by the FDA? The answer to that question is the same as the dialogue you are having with HD re the ITC complaint.