Tuesday, August 18, 2020 7:33:39 AM
And if they don't know themselves, when they are both lawyers, who in the hell does? Basically nobody knows. It's one of these legally arguable points, that can only be decided on a post facto case by case.
I always find it curious and somewhat ironic that the SEC will likely come after you (closely followed by a gaggle of ambulance chasers), if you fail to disclose something that is significantly materially negative, but in the case of whether you need to disclose what a SEC subpoena is about, the answer is; 'well, maybe yes, or maybe no..'
If the Board wants to continue discussing it ad nauseam and ad infinitum, then that is fine by me. It's not for an individual poster or even a section of Board opinion, to arbitrate on what should or should not be discussed!
It's just on this one, I think the discussion is likely to be somewhat circular.
Actually the debate on the legal niceties of what they should disclose or what they need to disclose, in relation to having received an SEC subpoena, is actually more interesting in some ways, imo.
As it stands, we have no idea whether it is something of limited significance (nothingburger), or something of significant significance (somethingburger). Which is why the discussion is likely to remain somewhat hypothetical and without conclusion, unless and until new information comes to light.
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