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The ultimate question: (c) "whether the statement was material to the decision," requires applying the legal standard of materiality (quoted above) to these historical facts.
We propose a standard of materiality that can help clinicians to decide what information to disclose.
"The proper standard of materiality must reflect our overriding concern with the justice of the finding of guilt...
That is the main question addressed in Basic, besides defining the standard of materiality for securities fraud.
Basic "adopt[ed] the TSC Industries standard of materiality for the § 10(b) and Rule 10b-5 context". 485 U.S., at 232, 108 S.Ct.
The standard of materiality is a flexible one, looking to whether a reasonable investor would consider the information important, so companies often have wiggle room to keep things secret until they are finally required to disclose.
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In February 2018, the SEC issued updated cybersecurity disclosure The SEC stated that existing disclosure requirements impose an obligation on companies to disclose cyber-related matters based on generally applicable standards of materiality.
The standard for materiality is so broad that it is almost impossible to dismiss a case on this ground, and the judge found the statements could be of enough importance to investors to allow the case to move forward.
Because materiality is judged according to an objective standard, the materiality of Amgen's alleged misrepresentations and omissions is a question common to all members of the class Connecticut Retirement would represent.
It explores what purchase can be gained on understanding categorical uncertainties from the perspective of materiality and material practices.
"The F.D.A. is not only employing 20-year-old, and we think obsolete, standards for materiality, but there is a general tendency on the part of the F.D.A. to be resistant to change," he said.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com