So, you think the company has the obligation to report all material information?
Sorry. That is not correct. (if it were, what is the purpose of RegFD?)
The company does have the obligation to not make what they DO report misleading.
Companies have all sorts of material information they do not disclose.
Form 8k is used to report very specific material events that the SEC has decided they can not keep internal (things like entering into a new agreement, departure of an officer, etc. - futility recs are not among the items required to be disclosed. )
Similarly, what is the purpose of 10b5-1 trading plans?
Since insiders are virtually always in possession of undisclosed material information, the plans protect them from insider trading charges.
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