Legal Question in Securities Law in Delaware

Can a public company disclosure material information on an internet blog or on its website, without doing a press release or filing an 8k (assuming an 8K isn't otherwise required) without violating Reg FD?


Asked on 3/04/10, 2:57 pm

2 Answers from Attorneys

Nia Stefany The Corporate Law Group

The regulation provides that when an issuer, or person acting on its behalf, discloses material nonpublic information to certain enumerated persons (in general, securities market professionals and holders of the issuer's securities who may well trade on the basis of the information), it must make public disclosure of that information. The timing of the required public disclosure depends on whether the selective disclosure was intentional or non-intentional; for an intentional selective disclosure, the issuer must make public disclosure simultaneously; for a non-intentional disclosure, the issuer must make public disclosure promptly. Under the regulation, the required public disclosure may be made by filing or furnishing a Form 8-K, or by another method or combination of methods that is reasonably designed to effect broad, non-exclusionary distribution of the information to the public.

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Answered on 3/10/10, 6:06 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Sounds a bit interesting. I do securities litigation. If you are interested in pursuing this, please send me an email.

Regards, Attorney Daniel Bakondi

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

www.danielbakondi.com

Daniel Bakondi, Esq. [email protected] 415-450-0424

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Answered on 5/18/10, 3:47 pm


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