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The usual rules for pleading claims under the applicable rules of procedure.
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Contributed in 2008 & last edited in 2008 by David Gold
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Usual rules: The usual rules for pleading...
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One who has a duty to disclose under Rule 10b-5 is required to disclose soft information if it is virtually as certain as hard facts.In re Sofamor Danek Group, Inc., 123 F.3d 394, 402 (6th Cir. 1997).
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One who has a duty to disclose under Rule 10b-5 is required to disclose soft information if it is virtually as certain as hard facts.vouch for authority for rule...
An officer's supervisory role in the company's accounting does not raise a strong inference that the officer was aware of the improper accounting...In re Stone & Webster, Inc., Securities Litigation, 414 F.3d 187, 199 (1st Cir. 2005) (holding complaint failed to allege scienter of chief financial officer or chief executive officer).
in support of
An officer's supervisory role in the company's accounting does not raise a strong inference that the officer was aware of the improper accounting for future profits on a particular contract.vouch for authority for rule...
There is no private right of action under Rule 10b-5 for mere holders of securities.Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit, 547 U.S. 71, 80 (2006) (citing ''Blue Chip Stamps v. Manor Drug Stores'', 421 U.S. 723, 739 (1975)).
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There is no private right of action under Rule 10b-5 for mere holders of securities.