"If MNTA had a good and reasonable suspicion that tLovenox would be approved, and then did not disclose this to investors on their secondary, that to me would be materially misleading and most likely an actionable security fraud."
I respectfully and completely disagree. MNTA regularly discloses this risk -- it is in every safe-harbor, in their most recent 10Q, and I believe Craig Wheeler has recently (and repeatedly) stated that the FDA could act anytime on other outstanding applications.
If anything, I've been disappointed about how meak MNTA management has been in downplaying the tL threat. TEVA on the other hand, they sound like a bunch of inebriated sailors when they talk smack about mL.