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2d Cir 7th Cir accompanying text accounting accredited investors Act Rule action alleged amendment apply attorney audit Circuit Commission's company's confidential Corp corporate counsel directors discussion drafting effective equity securities Exchange Act exemption federal securities laws filed financial condition financial statements Form infra notes insider trading investment investors involved issued issuer Kern County law firm lawyer MD&A misrepresentation misstatements Model Rules officers period plaintiff presumption of shared primary liability prospectus proxy materials proxy statement purchase pursuant reasonable registrant's registration statement Regulation FD Regulation S-K representation requirements respondeat superior restricted securities Rules of Professional Schedule Schedule 13D scienter secondary actors Section 10(b section 11 Securities Act Release Securities Exchange Securities Litigation security holders Soderquist Software Toolworks solicitation Steinberg Supp supra note tender offer tion transaction Transfer Binder underwriter violation