1st Circuit: Adviser’s Statements Not Subject To 1st Amendment Protection

Mealey's (January 4, 2023, 3:26 PM EST) -- BOSTON — A First Circuit U.S. Court of Appeals panel on Jan. 3 upheld a jury verdict against an investment adviser and fund manager on claims that the adviser issued misstatements regarding a biotechnology company and drug candidate in violation of federal securities law, ruling that the adviser’s statements were not constitutionally protected and that sufficient evidence was provided showing that the misstatements were material and made with the required scienter....