News & Analysis as of

Omnicare v Laborers District Council Omnicare Securities and Exchange Commission (SEC)

Akin Gump Strauss Hauer & Feld LLP

When Can Opinions be "False" and Result in False Claims Act Liability: Three Circuit Courts Provide Conflicting Guidance

Key Points - Recently three circuit courts have considered when opinions can be false under the FCA. - Although the circuits disagree regarding whether plaintiff must establish “objective falsity” to assert an FCA...more

Morgan Lewis

Omnicare Decision Clarifies Grounds for Section 11 Liability

Morgan Lewis on

The Supreme Court holds that section 11 liability does not attach to a statement of opinion merely because the opinion is objectively false. On March 24, the US Supreme Court issued its highly anticipated decision in...more

Morrison & Foerster LLP

Believe It or Not? In Omnicare, the Supreme Court Considers the Standard of Liability for Statements of Opinion

Americans take as given the right to hold and express opinions. So it may come as a surprise to many that the federal securities laws impose civil liability for statements of opinion. It may be even more surprising that...more

Mintz - Securities & Capital Markets...

Supreme Court Seems Likely to Adopt Reasonable Basis Standard for Section 11 Claims Concerning Statements of Opinion in...

If Monday’s oral argument in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund is a reliable indicator, it seems likely that the Court will adopt the “reasonable basis” standard advocated by the...more

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