There were no misstatements about the price of the pound, and Cairn Energy was paying close attention to the upward movement in the currency market.
Critics might say her statement of policy is very gently phrased, but when I asked her if there was wiggle room, she was unequivocal: "It is my obligation to make sure no misstatements of fact on the editorial pages go uncorrected".
But as the student advocates retorted, some of the most notorious misconduct by for-profit colleges has involved recruiting students by "poking their pain," shaming them, telling them their lives have been worthless, that they have let down their families -- emotionally manipulative efforts, with no misstatements of fact needed.
In its rebuttal, Barclays said: "Fundamentally, the complaint fails to identify any fraud – establishing no material misstatements, no identified victims, and no actual harm".
"Fundamentally, the complaint fails to identify any fraud – establishing no material misstatements, no identified victims, and no actual harm," Barclays said in its response to the suit.
As such, Goldman may argue that there was no material misstatement or omission in the documents and statements that it provided investors.
Countrywide may well have known it was spewing bad loans that fell short of its contractual obligations for selling them, but the appellate judges concluded there was no affirmative misstatement about the quality of its mortgages at the time they were sold.
"DeSmogBlog has received no direct communications from the Heartland Institute identifying any misstatement of fact in the "Climate Strategy" document," it said.
As the scale of any misstatement or deception becomes clear, further heads may roll.
There is also a much stricter statute of limitations applied to these claims that requires filing a lawsuit within one year of discovery of the misstatement or omission, and no later than three years from the filing of the documents.
