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Re: boingo9 post# 287543

Wednesday, 03/11/2015 1:50:14 PM

Wednesday, March 11, 2015 1:50:14 PM

Post# of 380529
No. According to SEC regulations it is not. If the PR announcing the call detailed the new non-public material info they will discuss, then yes. Announcing "big news is coming on Thursday's concall" is precisely what RegFD prohibits as it implies that only those listening on the call would get the information and have an unfair advantage over the rest of the public. That's why it makes no sense that they haven't PR'd a clarification for the SOS mistake since they are legally obligated to PR beforehand any new info discussed on Thursday's call anyway.

This isn't an opinion - it's settled law.

My guess is they aren't being advised by any securities attorney and are just making it up based on what they imagine will create the most pumpadump hype. Foley is not known for his smarts, that much should be pretty obvious by now.