Capital Inv. Mgmt. v. Stonepath Group, LLC, 343 F.3d 189, 197 (2d Cir.2003). 103 . ATSI, 493 F.3d at 107 (citing Lentell, 396 F.3d at 173). 104 . Id. at 108. 105 . In re Parmalat Sec. Litig., 414 F.Supp.2d 428, 440 (S.D.N.Y.2006). 106 . In re Scottish Re Group, 524 F.Supp.2d at 385. Accord In re Converium Holding AG Sec. Litig., No. 04 Civ. 7897, 2006 WL 3804619, at *14 (S.D.N.Y. Dec. 28, 2006) (quoting In re WorldCom, Inc. Sec. Litig., 294 F.Supp.2d 392, 415-16 (S.D.N.Y.2003)). 107 . See Compl. ¶ 4. 108 . See id. 109 . See, e.g., Caiafa, 525 F.Supp.2d at 410-11. 110 . See Novak, 216 F.3d at 306. See also 15 U.S.C. § 78u-4(b)(Z)(B). 111 . See In re NTL, 347 F.Supp.2d at 23. 112 . See In re Vivendi Universal, 381 F.Supp.2d at 182. 113 . See In re Nortel Networks, 238 F.Supp.2d at 629 (<HOLDING>). See also Halperin, 295 F.3d at 357. 114 .
holding that defendant could not be liable for distributing defamatory statements unless it knew or had reason to know of statements holding that contemporary condition contrary to defendants optimistic statements adequately pleads falsity holding that statements not protected where the defendants had no basis for their optimistic statements and already knew allegedly that certain risks had become reality holding that even if defendants knew that the company had inventory problems  that fact standing alone does not show that defendants knew that the statements in their prospectus or other representations were materially false or misleading at the time the material statements were made holding that false statements are constitutionally protected