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Accompanying material statement.
The material statement complained of is that the plaintiff infringes,which may be true notwithstanding the plaintiff's patent.
"The standard for a false or misleading advertisement is whether the ad makes a material statement that is likely to mislead the consumer," said Kent R. Middleton, an advertising professor at the University of Georgia.
Under the SEC's rules, you can't make a false material statement or not give enough context in making a statement to make sure it's not misleading.
In Musk's world, mistakes like an inaccurate and potentially material statement made to journalists about the most important product launch in company history is no big deal.
Instead MarketWatch noted that "it is up to the SEC to determine if he made an inaccurate material statement, and the SEC has already made Tesla a target in the past year.
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You are instructed that the statements charged in the indictment are material statements". App. 24, 29.
A Merrill spokeswoman declined to comment, citing rules against public material statements between the deal's announcement and its completion.
Another state judge that year imposed $5,000 in sanctions and ordered the firm to pay $14,500 in attorneys' fees, ruling that "misrepresentation of the material statements here was outrageous".
Ravitch considers "entirely reasonable" the efforts begun in the 60's to eliminate from educational materials statements that demeaned and stereotyped women as well as minorities.
The sensory conditionals (S & A) → E and (S & A) → (h E can be true, as can the material object statement P that entails them, quite apart from the truth of the expressive statements S and A, or indeed, the presence of any empirical data warranting their assertion.
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