NorthWest Biotherapeutics Inc (NWBO)

[IkeEsq]

Question for the lawyers. Is there anyway to sue ferstain to essentially gag him?

Short answer: No.

Long answer:

Anyone can sue anyone for any reason or no reason. However, unless they can articulate a claim for damages over which the court has jurisdiction, the case will be dismissed.

As a private individual shareholder, you have pretty much no chance of proving actual damages as a result of someone saying something negative about a company in which you are invested. This is especially so in a case such as this in which the stock has risen, often significantly, since it was purchased. Any claims that there should be a potentially higher valuation of the stock absent the defendant's comments would be purely speculative.

At best you would need to have purchased stock at some higher price prior to statements made by the defendant and for the stock to now be worth a lot less AS A RESULT OF THOSE STATEMENTS. In addition, those statements must have been knowingly made with the intent to harm the share price and must be false.

Even if you were able to prove such a thing, which would likely take in the neighborhood of several years, your remedy would be monetary damages to compensate you for your actual losses as a result of the defendant's actions.

Putting a so-called gag-order on someone (especially a member of the press) is known as a 'prior-restraint' and is anathema to the First Amendment. See New York Times Co. v. United States, 403 U.S. 713 (1971).

If the company felt like wasting resources it needs to complete the approval process for DC-Vax and wanted to draw additional attention to AF and give him a stage, then they could sue him and in a best case scenario win some money in 5-6 years after they are already a multi-tens-of-billions-of-dollars company unless they ran out of money and got bought out for cheap by the people paying AF.