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GANEM v. INVIVO THERAPEUTICS HOLDINGS CORP.

No. 15-1544.

845 F.3d 447 (2017)

Edmond GANEM, Plaintiff, Appellant, Battle Construction Co., Inc., individually and on behalf of all others similarly situated; Steve Adams, Plaintiffs, v. INVIVO THERAPEUTICS HOLDINGS CORP.; Frank Reynolds, Defendants, Appellees.

United States Court of Appeals, First Circuit.

January 9, 2017.

Attorney(s) appearing for the Case

Thomas G. Shapiro , with whom Patrick J. Vallely and Shapiro Haber & Urmy LLP, Boston, MA, were on brief, for appellant.

Michael G. Bongiorno , New York, NY, with whom James W. Prendergast , Andrew S. Dulberg , Wilmer Cutler Pickering Hale and Dorr LLP, Richard J. Rosensweig , Paul F. Beckwith , Derek B. Domian , and Goulston & Storrs PC, Boston, MA, were on brief, for appellee InVivo Therapeutics Holdings Corp.

Richard J. Rosensweig , Boston, MA, for appellee Frank Reynolds.

Before Howard, Chief Judge, Selya and Lipez, Circuit Judges.

Following a drop in the share price of InVivo Therapeutics Holdings Corporation's ("InVivo") common stock, investors filed suit against the company and its former chief executive officer ("CEO"), Frank Reynolds, alleging securities fraud in violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 ("Exchange...

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