I emailed Arian Colachis this morning and asked her if there was any documentation showing that CytoDyn had applied for a conditional EUA. After a little back and forth, she replied,
>>> The answer to your question is “YES” a formal request was made to the FDA in writing – just as represented in our press release and at the conference call on Monday.
Please note, CytoDyn welcomes dialogue with shareholders and we pride ourselves on the transparency we provide to investors and the market.
However, as a public company, CytoDyn has “fair disclosure” obligations under Regulation FD, 17 CFR Part 243. The company is prohibited by federal law from disclosing material non-public information except in a public disclosure or under specific enumerated conditions. Selective disclosure of material non-public information would violate our Regulation FD obligations and expose CytoDyn to potential litigation and regulatory actions.
We take seriously our obligation to protect material non-public information. Therefore, we provide investors information in a variety of public forums, including securities filings, press releases and investor calls. We invite you to submit additional questions in a publicly available forum such as an investor call, not emails to the company.
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