Not a reason in the world they couldn't have a few months back, given the news we've seen released. Maybe still not too late given they're all blinded.p and Liau's border-line reckless comments.
First, they can do a private deal if desired for unregistered shares. That most certainly would not violate any insider information trading laws.
Second, if there is undisclosed material information, then that would violate the current registered offering proxy which must state all such.
Third, if LP's husband is in possession of material information, that is a reg FD violation (OK, I admit nobody would care about this one as it is obviously impractical to enforce).
In this case there is no insider information to be had. The FDA has control of the results of phase 3 (no one knows) and all other trial information is in the public realm. Just reading this board one finds just about everything has been discussed ad nausea.