I am not an attorney by any means, but Regulation FD (circa 2000) tries to prevent selective disclosure. And if you think about a corporate acquirer, they are seeking to buy the company at a certain valuation, based on the information available. A public company's shares can also be bought on the open market, people valuing them based on the information available. If Cortex makes certain data available to a corporate acquirer that enables them to figure out the appropriate valuation for an offer, but does not disclose that elsewhere, that sets up a divergence from the info available to other 'acquirers' buying shares. This selective disclosure would be-I believe--a violation of Reg FD. If anyone with more expertise has a different view, I'd be interested.
NeuroInvestment