Sunday, December 10, 2017 11:10:50 AM
Nothing else makes any sense?
How about this:
"Beyond these primary questions of materiality and scienter, it is important to note that a company cannot be liable for failing to publicize a fact, even if the fact is material, unless the company has an obligation to disclose it. In the context of disclosures of negative clinical trial results, a duty to disclose a non-public material fact may arise if the company makes statements that will mislead unless the company also reveals the negative test results. This duty arises from sections 11 and 12(a)(2) of the 1933 Act and Rule 10b-5, which expressly impose liability for omitting material facts necessary to make statements made non-misleading. Likewise, section 10(b) cases hold that “when a corporation does make a disclosure—whether it be voluntary or required—there is a duty to make it complete and accurate.” Applied in the context of pharmaceutical companies, where a drug or device company “has reached a conclusion that test results on a new product are negative, it may, as a practical matter, be difficult to provide any progress report on the product to the investment community that fails to include this ‘bad’ news without the report being arguably incomplete or misleading.”"
That makes a lot of sense to me. And it is a lot different than "on the verge of approval".
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