To print this article, all you need is to be registered or login on Mondaq.com.
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