I would feel good if Handley is not telling Kwak not to tell the market anything. At lease that would get Handley off the hook. I agree his lawyers are good.
I don't think Kwak on the other hand is in a good place from securities law perspective. Failing to file financials and failing to disclose the state of their business (like is the digester is operating and in use) to the market rests squarely on his shoulders.
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