at 12:01 [and you book it the day before].' ” Defendants take issue with the bracketed statement, "[and you book it the day before],” as being supplied by Plaintiffs and as not appearing in the article itself. It is clear, however, that the interview concerned Mi-croStrategy’s revenue recognition practices, and that the alteration is consistent with, and indeed invited by, the quoted portion. Thus, Defendants’ contention that the quote is not at all probative of any issue in this case is unpersuasive. ■ 39 . The Complaint also quotes the Forbes article that questioned MicroStrategy’s revenue recognition practices, in which Saylor explained, "My job is to manage the business in such a.way that nobody’s disappointed. I have lots of levers at my disposal.'1 (¶ 101.) Final (2d Cir.1995) (<HOLDING>). 47 . See MicroStrategy Brief, at 15. 48 .
recognizing cause of action for products liability in the absence of privity of contract in light of the foreseeable risk of harm caused by defective automobiles holding that sale by one defendant of 11 of holdings in light of absence of any sales by other defendants undermined allegations of scienter holding that allegations of motive and opportunity were not enough to create a strong inference of scienter holding that evidence of other allegations of torture was inadmissible in part because it was not similar to the allegations made by defendant holding that 20 of individual defendants holdings raised an inference of scienter