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Re: RBlatch45 post# 25281

Wednesday, 04/22/2009 12:16:24 PM

Wednesday, April 22, 2009 12:16:24 PM

Post# of 52265
OK. For all those taking shots at management for this purported 'hiding:'

Please present an example or two of small biopharm companies in similar situations where their dissemination of information differed significantly from we are seeing here.

By similar situations, I refer to:
1) Active partnering/licensing negotiations ongoing
2) Enrollment ongoing in critical clinical trial

My experience is that no responsible company ever discloses anything relevant to #1. Never. Because until it's signed, it's potentially all vapor, and everyone involved has signed confidentiality agreements.

Regarding #2: Companies vary in their level of disclosure around clinical trial protocols and progress. Cortex has not said much about the protocol, as is not unusual. Companies will comment on enrollment progress, generally if it diverges from stated projections, and generally in the course of a quarterly call. Two questions here: Does it make sense for a company engaged in licensing talks to disclose the status of enrollment progress when that could be material to a potential partner's strategy for waiting Cortex out, or not?

Secondly, does it make sense to hold a quarterly call when you can't discuss #1, and discussing #2 might compromise #1?

If any of the mudthrowers indulging themselves this morning have cogent examples of companies taking a different tack, please share them. Otherwise, I would suggest that Cortex's fiduciary responsibility is best fulfilled by making those two events happen, not by holding a call where they either frustrate participants because they can't say anything, or they say something that could jeopardize the licensing process.

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