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Neal A Potischman on Muck Rack

Neal A Potischman

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Articles

Ninth Circuit Says Improper Drug Marketing Slogan Does Not Suffice To Plead Exchange Act Claim

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By Neal A Potischman, Vincent Barredo, Brian Weinstein, Edmund Polubinski
| Mondaq
On August 20, 2025, a Ninth Circuit panel affirmed the dismissal of a putative securities class action against a pharmaceutical company.It found that while the Food and Drug Administration concluded that the company's marketing was not fair and balanced, the improper marketing did not suffice to establish either falsity or scienter for a federal securities claim. In March 2019, pharmaceutical manufacturer Talphera, Inc.
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Ninth Circuit Rejects Securities Fraud Claim Involving Ambiguous Tech Lingo

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By Bitfinex Hack, Brian M. Burnovski, Neal A Potischman, Vincent Barredo
| Mondaq
On November 19, 2024, a Ninth Circuit panel affirmed the dismissal of a securities fraud action alleging that Cloudera and its officers made false and misleading statements regarding the technical capabilities of Cloudera's products. The panel found that because the plaintiff failed to plead facts establishing what "cloud-native" and "cloud architecture" meant—and that the terms have no plain meaning—the plaintiff could not plead that statements about those topics were false or misleading.
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9th Circ. Gap Ruling Creates Split On Forum Selection Clause

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By Brian M. Burnovski, Michael Flynn, Neal A Potischman
| Law360 Verified
By Brian Burnovski, Michael Flynn and Neal Potischman (July 26, 2023, 5:15 PM EDT) -- On June 1, the U.S. Court of Appeals for the Ninth Circuit held in an en banc 6-5 decision that a forum selection clause requiring all derivative claims to be brought in Delaware state court - including federal securities claims that can only be maintained in federal court - is enforceable and requires dismissal of the federally filed suit.... Law360 is on it, so you are, too.
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