What must a plaintiff assert in a Section 11 claim under the Securities Act of 1933 to
Question:
What must a plaintiff assert in a Section 11 claim under the Securities Act of 1933 to properly allege an “opinion” statement is materially misleading? When might certain financial statement items constitute “opinions”?
Fantastic news! We've Found the answer you've been seeking!
Step by Step Answer:
Answer rating: 72% (11 reviews)
To establish a due diligence defense under Section 11 the defendant must prove that a reasonable investigation of the financial statements of the issuer and controlling persons was conducted As a resu...View the full answer
Answered By
Carly Cimino
As a tutor, my focus is to help communicate and break down difficult concepts in a way that allows students greater accessibility and comprehension to their course material. I love helping others develop a sense of personal confidence and curiosity, and I'm looking forward to the chance to interact and work with you professionally and better your academic grades.
4.30+
12+ Reviews
21+ Question Solved
Related Book For
Ethical Obligations and Decision Making in Accounting Text and Cases
ISBN: 978-1259969461
5th edition
Authors: Steven M. Mintz, Roselyn E. Morris
Question Posted:
Students also viewed these Business questions
-
1. State the issue before the appeals court. 2. What must a plaintiff prove to establish a claim of commercial misappropriation of a name or likeness (right of publicity)? 3. May an injured party...
-
1. What must a plaintiff demonstrate in order to establish standing? 2. Why do Federal courts have a special concern about standing? Hunter, Judge. Lt. Col. Donald Sullivan and Specialist Jeffery S....
-
a) On what theory did the franchisees sue Carvel? b) What must a plaintiff prove to win on this theory? c) What does "economic advantage" mean? d) How does this tort differ from tortious interference...
-
What is the atomic weight of a hypothetical element consisting of two isotopes, one with mass= 64.23 amu (36.00%), and one with mass=65.32 amu ( 64.00%) ? [Topic: isotope and molecular weight] 64.93...
-
Give three methods for planarizing interconnect layers.
-
Give the position function s = (t) of an object moving along the s-axis as a function of time t. Graph together with the velocity function y(t) = ds/dt = (t) and the acceleration function a(t) =...
-
14. For the lookback put: a. What is the value of a lookback put if St = 0? Verify that the formula gives you the same answer. b. Verify that at maturity the value of the put is ST ST .
-
Selected accounts from the adjusted trial balance for Louise's Gourmet Shop as of March 31, 2011, the end of the current fiscal year. The merchandise inventory for Louise's Gourmet Shop was $38,200...
-
Moose, Inc. established a $250 petty cash fund three months ago. Today, April 21, the petty cash custodian has $198 in cash and receipts for the following: Office supplies $12, Equipment repairs $25,...
-
Question 1 The ABC Corporation has reported earnings available to common stock of $4,200,000 last year. The following information applies to the company. Dividend (preferred stock) # of outstanding...
-
Assume a third party such as a successor audit firm quickly discovers a fraud that the predecessor auditor has overlooked for years. Do you think this provides evidence supporting scienter? Explain.
-
1. What are the main arguments that the partner from PwC will need to counter when he meets with Billy? That is, what are the reasons and rationalizations he should expect to hear from Billy as to...
-
Papa Johns International, Inc., is the third largest pizza chain in the United States, with more than 2,050 locations. Papa Johns adopted a new sloganBetter Ingredients. Better Pizza. and applied for...
-
Q2 2 Points The time between students pinging professor with questions during an exam is modeled by an exponential random variable X (measured in minutes) with parameter (usual notation) Q2.1 1 Point...
-
A. Describe what the formula P = M A E represents. B. What happens if one of these factors becomes deficient? C. In terms of performance, identify the four different types of reinforcement. Provide...
-
1-3.2) K Question 10, 3.1.37 Part 1 of 6 > HW Score: 53.33%, 6.4 of 12 points O Points: 0 of 1 Save Because the mean is very sensitive to extreme values, it is not a resistant measure of center. By...
-
Research the company and obtain the following information: Mission Statement - Purpose of their existence Goals and objectives (What are they in business for) SWOT analysis for this company Based on...
-
please write one page for the concept of organizational structure one page paper of factors affecting organizational structure.
-
In Exercises complete the following tables and state what you believe lim x0 (x) to be. (a) X f(x) (b) f(x) -0.1 -0.01 -0.001 -0.0001 ? ? 0.1 0.01 0.001 0.0001 ? ? ? ?
-
Interview managers at three companies in your area about their use of ERP. How have their experiences been similar? What accounts for the similarities and differences?
-
Identify the red flags that should have alerted PwC that Dell may have been engaging in fraud. Given that Dell issued clean opinions during the fraud years, do you think it is possible that the firm...
-
The court decision relied on the concept of scienter for not holding PwC legally liable for issuing clean opinions when the financial statements did not fairly present financial position. Would you...
-
Was TierOne's accounting for the loan loss reserve indicative of "managed earnings?" How would you make that determination?
-
Famas Llamas has a weighted average cost of capital of 8.8 percent. The companys cost of equity is 12 percent, and its pretax cost of debt is 6.8 percent. The tax rate is 22 percent. What is the...
-
The common stock of a company paid 1.32 in dividens last year. Dividens are expected to gros at an 8 percent annual rate for an indefinite number of years. A) If the company's current market price is...
-
(1 point) Bill makes annual deposits of $1900 to an an IRA earning 5% compounded annually for 14 years. At the end of the 14 years Bil retires. a) What was the value of his IRA at the end of 14...
Study smarter with the SolutionInn App