Another good post from Aaron: "Everyone keeps
Post# of 148153
"Everyone keeps pointing to the email where it says the price dropped 20%, get the BLA done even if short. They think that's a smoking gun.
First, Sidley is going to point to that as well. They are going to say it's obvious after suffering a 20% drop, NP wasn't in the right frame of mind for any suggestion to be taken serious. It sounds less someone commiting stock fraud than someone freaking out at that moment about his company.
And as far as the email being an order, you got to be kidding.
Where is the signed document from NP saying he understands the BLA is insufficient according to his CRO advice?
If Amarex felt the BLA should not have been submitted they certainly would get extra protection with such a signed document.
Amarex attorneys uploaded their evidence. Didn't see that one! An email isn't gonna cut it. (You can't even check into a hotel room without a signature but you can submit BLA's without one?)
Don't tell me there must be these documents. I want to see them. Why would Amarex not supply them to the court? This isn't a poker game where you hide your best cards.
IMO, the email isn't going to turn out to be a smoking gun but their weakest link."