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A corporation whose stock is traded on any national stock exchange is subject to the disclosure requirements of both the federal securities laws1 and stock exchange rules.The purpose of disclosure is to provide investors with adequate information on which to base investment decisions and to maintain fair and orderly securities markets.3 Premature disclosure of corporate merger negotiations, however, poses a substantial threat to investors because of the likelihood that disclosure will cause the negotiations to terminate, causing shareholders to lose valuable merger premiums. In recognition of this potential loss, both Securities and Exchange Commission Rule 10b-5" and the rules of the major stock exchanges 5 generally permit corporations to delay disclosure of merger negotiations until the parties reach an agreement in principle to merge.6 When rumors develop or there is unusual trading activity in a stock, however, stock exchange rules do require that a corporation either disclose the reason for the unusual activity or make a public statement to the effect

Rule 10b-5 and the Duty to Disclose Merger Negotiations in Corporate Statements