157, 128 S.Ct. 761, 169 L.Ed.2d 627 (2008). a. Materiality “A fact is material if there is ‘a substantial likelihood that, under all the circumstances, the omitted fact would have assumed actual significance in the deliberations of the reasonable shareholder.’” Southland Sec. Corp. v. INSpire Ins. Solutions, Inc., 365 F.3d 353, 362 (5th Cir.2004) (citation omitted); see Basic Inc. v. Levinson, 485 U.S. 224, 231, 108 S.Ct. 978, 99 L.Ed.2d 194 (1988) (materiality is based on the “ ‘total mix’ of information made available” to the shareholder. Statements of material fact do not include puffery and certain forward-looking statements. Puf-fery includes “generalized, positive statements about the company’s competitive strengths.” Rosenzweig v. Azurix Corp., 332 F.3d 854, 869 (5th Cir.2003) (<HOLDING>). The Exchange Act safe harbor excludes
holding positive press release was not actionable where plaintiffs have not alleged that any of the historical representations in that press release were false holding that release discharges only those tortfeasors specifically named in the release agreement holding that because defendants made the statements in the press release and signed the sec disclosure forms in light of a preliminary finding of a primary violation it could not dismiss the  20a action holding that inclusion of a general release was merely a suggestion of how to terminate the lawsuit and that acceptance was not qualified on use of the specific release and party was willing to discuss the terms of a release holding that a release of unknown claims has no effect in the absence of evidence apart from the words of the release