HighC:
You quite obviously are not fluent with securities law.
1. The fact that a company will not be filing its 10-K on time is clearly material information to an investor.
2. When the company knows that it is unlikely that it will be able to file their 10-K on time (for WHATEVER reason) and then informs a small group of investors at a private shareholders meeting (which was NOT open to the public, BTW - not that that matters), then it has made a selective disclosure of material inside information.
3. If the company does not issue a press release (and file an 8-K) disclosing to the GENERAL PUBLIC (everyone who was NOT in attendance at the small private meeting), then the selectively disclosure is called "tipping" in insider trading parlance. The "tipper" (Malcbaby) and the "tippee" (pkool and whomever read pkools post on the subject or otherwise found out about that information downstream of pkool by any manner) may not trade on such inside material information until after it is PUBLICLY DISCLOSED IN A PR AND/OR 8-K - typically not until at least 48 hours AFTER the PR and/or 8-K.
It's really not even a close call, Hairy - this is a textbook case of selective disclosure AND insider tipping.