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Sunday, November 13, 2022 2:52:20 PM
Your argument would be reasonable except that management also gets to endlessly defer the day of reckoning where shareholders and other stakeholders like patients get to see what they knew and when they knew it and determine objectively whether this behavior was or was not consistent with a fiduciary duty.
Obviously when the same group who might benefit from delaying disclosure as long as possible also gets to determine, as you basically stipulated, when disclosure takes place, then that is a conflict of interest. It’s probably legal just like it was legal for Linda Powers of Cognate to negotiate with Linda Powers of NWBO (we still don’t have transparency on that, so many years later and have to assume the inherent conflict of interest was resolved in our favor and not the favor of Cognate Linda Powers).
Obviously when the same group who might benefit from delaying disclosure as long as possible also gets to determine, as you basically stipulated, when disclosure takes place, then that is a conflict of interest. It’s probably legal just like it was legal for Linda Powers of Cognate to negotiate with Linda Powers of NWBO (we still don’t have transparency on that, so many years later and have to assume the inherent conflict of interest was resolved in our favor and not the favor of Cognate Linda Powers).
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