Last March, in Omnicare v. Laborers District Council Construction Industry, the U.S. Supreme Court left some wiggle room for securities plaintiffs looking to hold companies liable for misstatements that are offered in the form of opinion.

But after some convincing by John Neuwirth of Weil, Gotshal & Manges, investors still face a high bar in federal court in New York–home of one of the busiest securities dockets in the country.

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