As Matt Levine says, “everything is securities fraud,” and this is probably the area of greatest exposure for a company with a substantial degree of departure between their stated practices and their actual practices.
It’s not likely to be more than a nuisance to defend and not terribly expensive to settle, but an enterprising plaintiff’s lawyer could probably find a cause of action that passes summary judgment.
It’s not likely to be more than a nuisance to defend and not terribly expensive to settle, but an enterprising plaintiff’s lawyer could probably find a cause of action that passes summary judgment.