Earlier quoted context omitted.
Similar question, but should BW turn out to be correct and Apple was for lack of a better word, lying, aren't they on the hook as a public company?
Matt Levine likes to say that "everything is securities fraud".
Regular readers know that a major theme of this newsletter is Everything Is Securities Fraud, so in that vein, let us consider a hypothetical. What if:
1. Everything in the Businessweek story is true, Chinese spies planted hardware backdoors in computers built and used by major American companies, and the FBI investigated along with those companies and discovered the backdoors.
2. It is a national-security secret and the companies were instructed by the FBI never to acknowledge it.
3. The companies are patriotically but falsely denying the hack.
If that is true—and I have no particular reason to think it is, it’s just the sort of hypothetical we like around here—then, obvious question: Is it securities fraud? (Assuming that the hack is potentially material to the companies’ business?) I do not think that the securities laws explicitly allow companies to make false statements of material fact if required for national security, but you could see giving them a pass here.
https://www.bloomberg.com/view/articles/2018-10-04/computer-...