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Securities

May 20, 2017

Heightened securities fraud pleading standard

A recent ruling will likely make it more difficult to allege securities fraud claims based on allegedly false or misleading opinion statements.

Neal R. Marder

Partner
Akin, Gump, Strauss, Hauer & Feld LLP

1999 Avenue of the Stars Ste 600
Los Angeles , California 90067

Phone: (310) 728-3740

Email: nmarder@akingump.com

Loyola Law School Los Angeles

Neal works with in-house counsel, senior management and boards of directors for companies, oftentimes facing high-profile, bet-the-company business disputes. He also has substantial cross-border litigation experience.

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Andrew S. Jick

Associate
Akin Gump Strauss Hauer & Feld LLP

Email: ajick@akingump.com

Andrew concentrates on complex commercial litigation with an emphasis on the defense of consumer and securities fraud class actions.

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Kelly Ann Handschumacher

Kelly is an associate in the firm's litigation practice. Her experience includes securities fraud class action defense and other complex commercial litigation.

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In City of Dearborn Heights Act 345 Police & Fire Retirement System v. Align Technology Inc, 2017 DJDAR 4267 (May 5, 2017), the 9th U.S. Circuit Court of Appeals affirmed the dismissal of a pension fund's securities fraud claims under Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, holding that the plaintiff failed to satisfy the pleading requirements established by Omnicare, Inc. v. Laborers District Counsel Construction Industry Pension Fund, 13...

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