fung, zen's post states the exact opposite of
what you stated.
Where in zen's post did he state CMKX should withhold information?
He said the opposite. If the hearing protocol allows or if it's requested by the judge, it would be a good thing IF THEY DID disclose their claims and holdings at that time, even if the information is partially raw data.
Further if they are releasing information outside of the hearing then it would indeed be wise to confer with the SEC or other governing authorities before or while doing so to show CMKX's full intent to be compliant.
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