Agreeing the 4 day rule is the law, but they do not expect it to apply is basically saying, yes, there is a 4 day rule... but it doesn’t apply, which is not saying anything. There is no such thing as a 4 day bad news rule. A lot of guys who trade may think there is so it’s probably good to not argue about it on a call. It would not help to say otherwise. Always agree. Otherwise that will be the subject of some idiot trader’s blog on Seeking Alpha.
If a company has news that someone else might say is bad news, but they have reason to still believe they can apply for approval and their drug / biological could still be approved, there is no “bad news”. “Bad news” other than total failure is highly subjective. And a surprising number of trials that have had “bad news”, over the years, have ultimately been discovered to have a potentially approvable product even after they failed their primary measures. There is so much subjectivity that the primary worry is just to avoid fraud lawsuits. The 4 day rule is not about common law fraud, it is a statutory disclosure requirement, and “bad news” is not the measure.
I learned a long time ago, given what people say on these calls and their own understanding, and sloppy understanding even of what they are asking, it’s not worth taking ANY of this all that seriously. On the edges, you might glean some vague comfort, they still have offices, they have not made an announcement yet, so things are still pending... other activities aimed at commercialization are still happening in the background.
But anything really important, is not disclosed.
And of course they are still analyzing. That’s also why “the 4 day bad news rule” is not a real thing. 4 days from what? When they figure it out? It’s mostly reassuring nonsense.
And the rule is a rule of thumb about being transparent, the 4 day rule is not applicable. But if they want to tell people this nonsense to falsely reassure them that they intend to disclose bad news quickly but they do not anticipate any bad news... it’s basically investor relations nonsense. Maybe a lot of people say this, but I have generally not heard anyone else say this nonsense for any of my investments in biotech and I’ve been investing for many, many years.
I would not take much of anything, any of these guys say too seriously when it is about pending news. And if Les is in the inner circle, he should not be taking calls. Honestly, I think his radio appearances are ill advised. He seems like a nice, earnest guy who no longer has the demeanor of his past experience as an attorney and is way too casual and chatty.
They need to have a properly determined, carefully structured message and stick to it. Period. If they were a bit less haphazard and more disciplined, it would really make their lives a lot easier.
They should have like 5 clean bullet points that periodically they review and update, period. A clean and consistent message. Never different.
- Data is being reviewed, and I do not know more than that or if they’ve made conclusions, but we will provide more info as soon as practically possible (I am not involved in that process, 4 day bad news rule? Yes, we would never disagree...);
- Sawston expansion and incorporating Flaskworks technology is proceeding with haste, and we anticipate this will make a huge difference for potential production;
- We have many new investors, including institutional investors. So this is keeping us busy.
- We plan to also publish our results, but like the analysis, I can’t give a timeline or tell you where we will publish...