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Wednesday, April 13, 2011 8:10:47 AM
Safe Harbor was created as protection for companies that disclose their financial data, material events and file same with the SEC in order to prevent nusiance lawsuits from the company's simple and honest attempts to issue truthful assessments of their current and future plans to their shareholders. With Expo IMHO, the intent has always been to disseminate as much information as possible as ambiguously as possible and to word it so it leaves multiple interpretations open to an individual investor. If they were to go to trial, any prosecution would have numerous examples of PRs issued, the ambiguous wording of same and the actual results which would, IMHO, prove their intent was to offer multiple interpretations...one being that the subject of any given PR was going to be hugely potentially profitable to the company. As some suspect, this was likely intended to prompt share sales. Matching these types of material/financial PR disclosures with share volume and PPS spikes/declines over the years bears that out with stunning clarity, IMHO. So their disclaimers would, once again IMO, likely be found to be nothing more than part of the intent to deceive. In itself, I don't think the misuse of Safe Harbor could be prosecuted as it is non-binding on them, but it wouldn't likely bode well for any case brought against them that they were attempting to defend. All of the above IMHO.
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