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2d Cir 9th Cir accountants actual alleged apply attorney Bank basis cause cert Circuit claims class action Committee communications complaint conduct Conference Corp corporate counsel court damages defendants denied determination directors disclose disclosure discovery dismiss doctrine documents due diligence duty effect enforcement existence facts failed failure federal filed firm forward-looking fraud holding impose interest investment investors involving issue issuer judgment lead LEXIS liability limited Litig loss Management material matter of law misleading misrepresentation motion N.D. Cal notice offering omission particular party person plaintiff pleading presumption projections prove provides purchase reasonable recent Reform Act regulators reliance relied Report representative result Rule safe harbor scienter Section 11 securities securities laws Securities Litigation settlement shares specific standard statements statute Supp transaction Transfer Binder underwriters violation