Of course, the big question is whether a tweet by itself can make information public under Reg FD, and that isn’t a question [the SEC’s Tom Kim] answered directly. And we shouldn’t expect him to because each question of Reg FD compliance is based on the facts and circumstances specific to an individual situation.
However, since most securities lawyers are unfamiliar with how Twitter and other social media work, I thought it would be useful to explore in more detail from a technology perspective how the SEC’s 2008 framework can be applied to Twitter.
‘Enforcement 40’ for 2020
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