High Performance Beverages Comp. (TBEV)

[ttattletell]

Among other things, the financing PR contained very meaningful cautionary language what appears to be a "Bespeaks Caution Doctrine":

WE UNDERTAKE NO OBLIGATION TO UPDATE OR REVISE ANY FORWARD-LOOKING STATEMENT TO REFLECT EVENTS, CIRCUMSTANCES, OR NEW INFORMATION AFTER THE DATE OF THE FOREGOING OR TO REFLECT THE OCCURRENCE OF UNANTICIPATED OR OTHER SUBSEQUENT EVENTS.

http://finance.yahoo.com/news/high-performance-beverage-co-receives-113000331.html

Looks like the possibility exists there could be no 8-K filing whatsoever.

The Bespeaks Caution Doctrine

The bespeaks caution doctrine is a judicially created rule providing that cautionary language meeting the standards of the rule can render forward-looking statements inactionable under securities fraud laws if such forward-looking statements later prove to be incorrect. The rationale is that the cautionary language negates the reasonableness of reliance on the forward-looking statements as well as the materiality of such statements.

https://www.crowell.com/documents/DOCASSOCFKTYPE_ARTICLES_404.pdf