He has a fiduciary duty to disclose both the approval and the filing of the 510k.
None of the scenarios look good for Tom or the company. If he hasn't filed then it's going to be a long time before the 510k gets approved if at all.
If you believe that he has filed the 510k then he looks shady as hell for not disclosing that information to shareholders when he's obligated to do so. Their last PR specifically stated they would keep shareholders updated frequently on the status of the 510k progress. Why would he NOT tell shareholders? No ethical CEO would keep shareholders in the dark on such a material matter.
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