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Don't forget that the filing places the blog as investor info | 287 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Don't forget that the filing places the blog as investor info
Authored by: Anonymous on Tuesday, May 01 2012 @ 06:18 PM EDT
Not "The blog going forward only from this point, ps. don't look at any
previous
posts, there be dragons"

They would have insisted he start a new "official CEO blog" as opposed
to his
"amateur personal one" if they felt it contained any info that could
be even
slightly suspect.

[ Reply to This | Parent | # ]

Material company information
Authored by: PJ on Tuesday, May 01 2012 @ 06:39 PM EDT
If you continue to post
misinformation, you will have to stop
being a member of Groklaw.

Stew over this and have your say on your
pillow, but keep it off Groklaw. People
might think you know what you are talking
about, and you don't. I understand that
you don't see it, but others do, and
the matter has been discussed enough that
there can be no further purpose to
you continuing to post what you have every
reason to know is misinformation and
guesses based on wrong facts and lack of
knowledge of SEC filings.

[ Reply to This | Parent | # ]

Material company information
Authored by: Anonymous on Tuesday, May 01 2012 @ 07:17 PM EDT
I'm just saying that maybe PJ is making more out of this than she should.

You're hung up on the timing and ignoring PJ's main statement.

(1) The statement was made publicly by an officer of Sun.

(2) The officer's statements were endorsed by Sun in an SEC filing, indicating that the remainder of Sun's officers and Board of Directors were aware of the blog and statements therein.

(3) Previous material statements were not corrected at the time of endorsement. Sun had a duty to do so if they believed Schwartz' statements incorrect.

(4) Timing of the 10-K is irrelevant. It's existence (hence, endorsement of past and future statements) is the crucial fact.

PJ is correct that endorsement of Schwartz' statements by the officers and Board of Directors is material and significant. It throws out any argument that the Board of Directors were unaware of the statements made by Schwartz.

As a side note, regarding your argument with respect to 10-Q (quarterly) and 10-K (annual) filings. 10-Q's are produced internally and are unaudited. 10-K's are audited. If you want the real scoop, look to the 10-K annual audited report.

-- nyarlathotep

[ Reply to This | Parent | # ]

Material company information
Authored by: jonathon on Wednesday, May 02 2012 @ 12:03 AM EDT
Before the blog contained that disclaimer, the company could have been sued by a
shareholder for stating things that did not turn out as described.

After the blog contained that disclaimer, the merit is a lawsuit based on things
not turning out is substantially less.

Either way, the blog can be construed as an official, corporate blog, whose
contents were approved by, at a minimum, the CEO of the company. As such, from
the POV of the SEC, it doesn't matter whether it was an official blog, or an
unofficial blog. What matters is that the CEO wrote it, as part of their
description of what was going on with the company.

[ Reply to This | Parent | # ]

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