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CrashOverride

11/04/22 1:21 PM

#527864 RE: Poor Man - #527853

Absurd statement that shorts have echoed against SAVA on social media.

Discovery happened in all of the ambulance-chasing lawsuits thrown out of court filed previously against NWBO. Management have nothing to hide.

The shorts though?

Criminal stock manipulation is criminal stock manipulation.

It's not easy to prove which explains why RICO investigations take many years.

pqr

11/04/22 2:54 PM

#527910 RE: Poor Man - #527853

Poor- I do not litigate claims of the nature that NWBO might bring. However, it seems to me very unlikely that AF Stat MMs or hedge funds would have the right to discovery of NWBO internal confidential documents even under a Protective Order.

The issues for journalists imo are what information did they have to support their unqualified published public statements. Those journalist statements are the basis of NWBO’s potential claims. You inquire about discovery of possible NWBO info that was not public. Not relevant imo

As to MMs the issues are what evidence can NWBO produce that tends to show
collusion between each other or maybe even journalists. NWBO business, JA, RA documents etc would neither provide a defense to collusion nor illuminate wrongdoing against it.

In addition, I doubt that NWBO information would expose them to potential claims. We may disagree with some strategies but ultimately the “business judgment” rule allows broad discretion. Any discovery granted to these prospective defendants would be under seal to the extent proprietary or confidential information is included and a court is going to give very great deference to NWBO characterizations.

So, the answer is, No

biosectinvestor

11/04/22 5:42 PM

#527960 RE: Poor Man - #527853

No lawyer generally advises to bring suit against scurrilous rags and their journalists. In the US, there is rarely victory with media lawsuits. So any good first amendment lawyer would tell you such a lawsuit was a waste of time, resources and would not prevent them from doubling down on negative reporting. It would be a rare instance where so much negative evidence would exist against the primary journalist, or where numerous other companies might not be willing to join the suit in one big lawsuit. I would not be surprised if they did bring suit, if they were not contacted by other companies that might want to join the suit.

However, generally speaking, I agree with the general advice that it is a waste of time and resources.