To what extent can plaintiffs commission an expert report based on public information and rely on it in their complaint to adequately plead securities fraud? The Ninth Circuit recently addressed this issue in E. Ohman J:or Fonder AB v. NVIDIA Corp., 2023 WL 5496507 (9th Cir. Aug. 25, 2023). A majority of the panel (Judge Fletcher and Judge Wallace) found that the expert report was credible and could be relied upon, even though it did not reference any internal corporate data or witness statements.
Source: Expertized | The 10b-5 Daily
