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