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IANAL, but I'm pretty sure that in this kind of situation, unless said investors have a seat on the board of directors -- and none at Theranos did -- they're almost certainly not in trouble with the SEC.

Theranos is a private company so the SEC rules around MNPI are not relevant here. However, if (IF) any of the earlier investors told later investors things about Theranos that they had reason to doubt in an effort to up the valuation of the next round, then I suppose that might be lawsuit fodder.

How you would prove that? Dunno.




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