• A Matter of Opinion? The Omnicare Decision Will Make it Harder for IPO Issuers to Mask Misrepresentations as Opinion Statements
  • July 1, 2015 | Author: Dave Kaplan
  • Law Firm: Bernstein Litowitz Berger & Grossmann LLP - San Diego Office
  • The US Supreme Court delivered a victory for investors last month with a decision that clarifies what companies can say in their IPOs and other securities offerings. In short, the Court’s long-awaited decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 135 S.Ct. 1318 (Mar. 24, 2015), clarifies a robust standard of liability and encourages better disclosure by securities issuers for statements couched as “opinions.”