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Sometimes It’s What You Don’t Say That Gets You in Trouble

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Jan 31, 2018

In January 2018, the National Association of Corporate Directors and Partners (NACD) released its "2018 Governance Outlook: Projections on Emerging Board Matters".

When one looks at any list of prominent securities fraud lawsuits, it will probably be dominated by companies such as Enron, WorldCom, Cendant, and HealthSouth, which were charged with misleading investors by actively misstating financial results. The reality, however, is that most securities suits are premised on alleged omissions of material fact, and not the sorts of misrepresentations that capture headlines.

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