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Replies to #71964 on Biotech Values
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DewDiligence

01/22/09 6:50 PM

#71968 RE: iwfal #71964

I challenge you to find a company successfully prosecuted for disclosing an material fact where they disclosed it over the phone to anyone that asked.

As I noted in a prior post, the proper procedure when a company gives out material information selectively is to follow-up with an 8-K filing that describes the selectively-disclosed information. Doing this promptly absolves the company from legal liability under Reg FD.
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DewDiligence

01/22/09 6:53 PM

#71969 RE: iwfal #71964

I would submit that [willingness to disclose] IS a defense [to Reg FD] even if it isn't specifically captured in the literal interpretation.

It’s a good thing you didn’t become a lawyer :- )