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Politics : Formerly About Applied Materials -- Ignore unavailable to you. Want to Upgrade?


To: Proud_Infidel who wrote (22457)8/3/1998 7:37:00 PM
From: Teri Skogerboe  Respond to of 70976
 
Brian,

On every conference call I've heard, they say any and all statements which may be considered "forward-looking" covered at any point during the call, question/answers session etc. are covered by the Safe Harbor Act. Regardless, my earlier point still stands... and that is, it is darn near impossible for them to be prosecuted for giving their opinion about the future. Successfully prosecuted anyway. And if it were not, there would probably be many, many more lawsuits filed. Bottom line, if he's wrong, he's just wrong; no one gets their money back. That's the issue here, in my view.



To: Proud_Infidel who wrote (22457)8/3/1998 7:40:00 PM
From: Gottfried  Read Replies (1) | Respond to of 70976
 
BK, [edited 3 times] here's some info from a source that should know...

Corporate officials who knowingly lie about the corporation are committing fraud.
[snip]
Lies can be released to the financial markets in many ways: news releases, quarterly and annual reports, SEC filings, market analyst conference calls, proxy statements,
and prospectuses.


securitiesattorney.com

It seems that "knowingly lie" is the operative phrase.

GM
Their current victims biz.yahoo.com
and some background involving a White House bedroom
westergaard.com:8080/Opinion/lerach9709.html
excerpt
Cases filed based on corporate forecasts that have not panned out have dropped to 15% which may have to do with the safe harbor provision of the 1995 act.