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This Week At The Ninth: Falsity And Fiduciaries - Litigation, Mediation & Arbitration


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This week, we examine a pair of Ninth Circuit decisions
addressing when opinions are materially false under securities law,
and what a plaintiff must plead to
 
establish
 
 
The Ninth Circuit holds that statements of opinion can be
materially false, and thus actionable under SEC Rule 14-a9, where
they convey misleading information about the speaker s basis
for holding that view.
The Panel:   Judges Fernandez,
Wardlaw, and Collins, with Judge Wardlaw writing the
opinion. 
Key highlight: 

Omnicare s elucidation of what
facts a statement of opinion may convey and the ....

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