No, "the customer is always right" is not a basis
Post# of 154804
(Total Views: 434)
Posted On: 12/21/2022 6:12:26 PM
Re: generactor #131721
No, "the customer is always right" is not a basis for a ruling. HOWEVER, if Amarex did something fraudulent based on what they were asked by NP to do, that would be different.
For example, as an attorney, I can advise my client that a certain course of action is not in their best interest, or even illegal. That being said, the client doesn't have to follow what I say and when they don't, I often put a CYA note in the file. That way, I am not liable for what they do against my advice. If the client goes against my advice and commits a crime and I HELP them do it, then I WOULD be complicit.
At this time, we don't have all of the facts, but Amarex seems to have long said that the BLA was NOT ready and being told to file it anyway is not fraud, it's just irresponsible. What NP told investors about it being ready and how great the results are would potentially be the fraud. Now if Amarex was complicit in what was told to investors, again, that would be different.
There is still much smoke to settle before we know the real facts.
For example, as an attorney, I can advise my client that a certain course of action is not in their best interest, or even illegal. That being said, the client doesn't have to follow what I say and when they don't, I often put a CYA note in the file. That way, I am not liable for what they do against my advice. If the client goes against my advice and commits a crime and I HELP them do it, then I WOULD be complicit.
At this time, we don't have all of the facts, but Amarex seems to have long said that the BLA was NOT ready and being told to file it anyway is not fraud, it's just irresponsible. What NP told investors about it being ready and how great the results are would potentially be the fraud. Now if Amarex was complicit in what was told to investors, again, that would be different.
There is still much smoke to settle before we know the real facts.
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