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IN RE CHINACAST EDUC. CORP. SECURITIES LITIGATION

No. 12-57232.

809 F.3d 471 (2015)

In re CHINACAST EDUCATION CORPORATION SECURITIES LITIGATION, Costa Brava Partnership III LP, individually and on behalf of all other persons similarly situated, Plaintiff-Appellant, v. ChinaCast Education Corporation; Ned Sherwood; Stephen Markscheid; Derek Feng; Daniel Tseung, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 23, 2015.

Attorney(s) appearing for the Case

Marc I. Gross (argued), and Emma Gilmore , Pomerantz LLP, New York, N.Y.; Patrick V. Dahlstrom , Pomerantz LLP, Chicago, IL; Laurence M. Rosen , The Rosen Law Firm, P.A., Los Angeles, CA; Philip Kim , The Rosen Law Firm, P.A., New York, NY, for Plaintiff-Appellant.

Israel David (argued), William G. McGuinness , and Adam M. Harris , Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY, for Defendants-Appellees.

Before: STEPHEN REINHARDT, M. MARGARET McKEOWN, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

Under Rule 10b-5 of the Securities Exchange Act of 1934, "it is unlawful for `any person, directly or indirectly, ... [t]o make any untrue statement of a material fact' in connection with the purchase or sale of securities." Janus Capital Grp., Inc. v. First Derivative Traders, 564 U.S. 135,

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