Yes, Craig, there are deal negotiations that fall apart all the time and companies aren't sued for it however, as an attorney, you should have clearly seen that wasn't the point that I was making. I responded to another poster who suggested "they can easily say: we aren't talking because we can't." That in itself IS TALKING ABOUT IT. I'm surprised you don't see that. Why do you think they're not responding to any emails? By telling shareholders "they're not talking because they CAN'T" would be seen by many investors as an acknowledgement of an NDA with another party. And, if that statement triggered a substantial spike in the share price, yes, there could be lawsuits if no deal materialized following the comment. As a lawyer, you should know companies have been sued for a lot less than making comments like this.
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Why in the world would there be "shareholder lawsuits if the deal fell through"? That is not true at all. Deal negotiations fall apart all the time and companies are not sued for it.