I'd like to point at that with LB, the CEO made the decision to disclose or not, and not the NYSE. The exchange has no place in these matters. Once it has decided to list a security it is up to the shareholders to decide what to do. Make a scammer thread on Bitcointalk, make a Reddit post, shout from the rooftops. Whatever floats your boat is within your rights as a holder, but the exchange is not the appropriate entity to be labeling securities as anything after they have been approved.

Edit: If I were Burnside I wouldn't even set the precedent that it is somehow the exchange's responsibility to inform shareholders that they may be investing in a scam. That could come back to bite.