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To: StockHawk who wrote (30219)8/21/2000 12:59:43 PM
From: StockHawk  Respond to of 54805
 
An interesting disclaimer: We've all heard about accusations that make front page headlines and retractions that hide in a paragraph on page 30. Well, here is something similar. A CEO gives an interview that is watched or read by many, then the company files an SEC document to take some of it back that is read by very few. Something to keep in mind the next time you watch an interview on CNBC.

From a filing by Lexar Media:

"Statements made by our chief executive officer in interviews could lead to
liability to public investors in our company.

On the morning of our initial public offering, our chief executive officer
granted multiple interviews to television commentators and Internet
publications. In these interviews, various questions elicited responses that
included information quoted below that is not reflected in this prospectus..."

several quotes are then presented and qualified, then they write:

" Investors should not rely on casual comments like the ones above when making
an investment decision.
Rather, investors should consider all of the
information in the entire prospectus and rely only upon that information.

The broadcasting or dissemination of these interviews to persons who did not
have a copy of the prospectus might be deemed itself to be a prospectus that
did not meet the requirements of the Securities Act and thus a violation of the
Securities Act. If we are found to have violated the Securities Act, then for a
period of one year from the date of the violation, persons who saw or heard any
of these interviews and did not have a copy of the prospectus might bring a
claim against us. "

freeedgar.com

StockHawk