Life sciences companies are frequent targets of securities litigation. Often, when a company discloses bad news about a developing device or drug, the company’s stock price drops and plaintiffs’ lawyers pounce. They claim that the company’s prior statements about the drug or device were too rosy. The attached memorandum addresses that all-too-typical fact pattern and describes the body of case law that has developed for assessing liability when a company has offered opinions about a new potential product.


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