Replies to post #110350 on Biotech Values

[Mpower]

"If MNTA had a good and reasonable suspicion that tLovenox would be approved, and then did not disclose this to investors on their secondary, that to me would be materially misleading and most likely an actionable security fraud."

I respectfully and completely disagree. MNTA regularly discloses this risk -- it is in every safe-harbor, in their most recent 10Q, and I believe Craig Wheeler has recently (and repeatedly) stated that the FDA could act anytime on other outstanding applications.

If anything, I've been disappointed about how meak MNTA management has been in downplaying the tL threat. TEVA on the other hand, they sound like a bunch of inebriated sailors when they talk smack about mL.

[akasidney86]

Well, I asked to be convinced, and now am. It's certanily true that if MNTA management had any real information regarding t-enox approval, they would have to divulge it. They haven't, so they don't. The best read, therefore, is Tinkers; they are simply being prudent stewards. Not knowing any more than anyone else does how long the party will last, they raise a potentially blocking suit and sell shares... if not at the price they might have anticipated given sole generic modeling, better than it will be if t-enox gets out the door. Also, while I think that Dew overstates the case, there is ALWAYS a chance, however small, that the general market might go south in a hurry... so all up; sell shares. Take the money. Selling hope for cash is always a good deal.

[oc631]

If MNTA had a good and reasonable suspicion that tLovenox would be approved, and then did not disclose this to investors on their secondary, that to me would be materially misleading and most likely an actionable security fraud.

MNTA is under no obligation to disclose their suspicions. The claims in the lawsuit is their disclosure to those participating in the offering. Which means they might know more about T-Enox than we do. Look at the premature defensive lawsuit and questionable secondary as MNTA acting in the best interests of shareholders going forward and then you may see trouble on the horizon.

I also think that MNTA planned all along to do a secondary after mLovenox approval.

If so, then their timing sucks, and Shea should be called on it.