NeoMedia Technologies, Inc (NEOM)

[clawmann]

Jonsie: I just did a quick review of the SEC interpretive guidelines issued in August of last year. The guidelines generally talk about how a company could satisfy Reg FD requirements by publicy releasing info on the company website.

And footnote 60 of the guidelines reads as follows:

"For purposes of Regulation FD, a posting on a blog, by or on behalf of the company, would be treated the same as any other posting on a company's web site. The company would have to consider the factors outlined above to determine if the blog posting could be considered 'public.' "


To understand the "factors outlined above" that must be considered, one would have to read the guidleines.

http://www.sec.gov/rules/interp/2008/34-58288.pdf


Therefore, based on my quick review of the above, the use of Bena's blog by the company to issue a PR would seem - unless other factors are present - to satisfy Reg FD requirements, even if the PR does not appear on the company's own website. Still, I think it would be good practice to simultaneously have the PR appear in both places. Of course, Bena would be well-advised to publish such a PR immediately upon receipt so as to avoid any potential issues that might arise if she waited.