· 11/1/1996
In Re Cirrus Logic Securities Litigation
Citations
- 946 F. Supp. 1446
- 46 Fed. R. Serv. 110
- 97 Daily Journal DAR 9477
- 1996 U.S. Dist. LEXIS 16397
- 1996 WL 637459
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “companies have a duty to disclose ... financial data and other material information upon which” a reasonably certain “internal forecast is based”
- frank consultation with auditor about an accounting matter tends to negate inference of intent to deceive
- voluntarily consulting with independent accountant, making full disclosure, and seeking guidance and approval negates any inference that financial transaction was made with intent to defraud
- Even if Plaintiffs raised an issue of material fact that company violated GAAP, the review and approval by auditor “would have negated any inference of scienter.”
- “GAAP is not a set of rules ensuring identical treatment of identical transactions; rather, it tolerates a range of reasonable treatments, leaving the choice among alternatives to management.”
- exception exists when company involved itself in preparation of third-party analysis
Source: CourtListener parenthetical corpus (CC0).
Judges: Orrick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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