If Malcolm said at the shareholders' meeting that it was likely that CDEx would try to file the 10-K and the first quarter 10-Q on the same document (or even the same day), as someone who attended the shareholders' meeting has posted on another board, then the SEC (and possibly a JURY!) can decide whether Malcolm communicated in early January to a select group of investors that CDEx expected to be unable to file the 10-K on time.
That, my friend, is selective disclosure!
Ask any competent securities lawyer.
I would recommend you NOT choose JEFFREY RINDE for that opinion.
Or even if Malcolm had REASON to believe they would likely be late and DID NOT communicate it, then he withheld material information from the investment public - a separate violation. AS SOON as management knows or has reason to know they are likely to be late on a 10-K, they have a duty to announce that in a filing or PR.
