The Case For Emphasizing Arguments Against Falsity

Law360, New York (October 16, 2013, 6:37 PM ET) -- In defending a securities class action, a motion to dismiss is almost automatic, and in virtually all cases, it makes good strategic sense. In most cases, there are only four main arguments:

The complaint hasn’t pled a false or misleading statement The challenged statements are protected by the safe harbor for forward-looking statements The challenged statements weren’t made with scienter, even if the complaint has adequately pled their falsity The complaint hasn’t adequately pled loss causation

For me, the core argument of virtually every brief is...
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