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Re: 71chris71 post# 22510

Saturday, 05/18/2024 12:41:01 PM

Saturday, May 18, 2024 12:41:01 PM

Post# of 22798
Re "Sooner or later you too will say that Nixon is a dishonest person"

Don't get me wrong, at the moment, I agree that Nixon seems to be 'doing his shareholders dirty,' but I don't know all the facts. I know that Nixon's stock was raped by bad actors who abused convertible notes who were caught and jailed. However, Nixon owns some of the responsibility for agreeing to those convertible notes in the first place.

Nixon seems to have survived COVID-19, and it's obvious that he not only has an active business, but he's changing his offerings (two Illegal Burgers have become two new restaurants) to hopefully keep his company alive and profitable.

If the SEC or some other government agency decides that Nixon has crossed a legal line and charges him with a crime, then I'll agree that he's a crook.

However, what Nixon has on his side is a legal thing called "The Business Judgement Rule"
https://www.law.cornell.edu/wex/business_judgment_rule
https://www.investopedia.com/terms/b/businessjudgmentrule.asp
https://en.wikipedia.org/wiki/Business_judgment_rule

The rule requires the company/its-officers to act in good faith and with a duty of care, but there is wide latitude in interpreting what that means. The rule grants an automatic presumption in favor of the company, and those who bring a charge of violating it have a high bar of proof to show it has been violated.

This isn't a defense of Nixon, for my portfolio shows my stock's value is $0 as well as yours. But I accept that there may be things behind the scene that preclude me from making a final judgment against him as quickly as you have.

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