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YAN v. REWALK ROBOTICS LTD.

No. 19-1614.

973 F.3d 22 (2020)

Wang YAN, Plaintiff, Appellant, Joanne Geller, Movant, Appellant, Qian Deng; David Hershlikovitz; Jackie888, Inc.; Michael C. Kemmerling; Narbeh Nathan; Paul Sislin, individually and on behalf of all other similarly situated parties, Plaintiffs, v. REWALK ROBOTICS LTD.; Larry Jasinski; Ami Kraft; Amit Goffer; Jeff Dykan; Hadar Ron; Asaf Shinar; Wayne B. Weisman; Yasushi Ichiki; Aryeh Dan; Glenn Muir; Barclays Capital Inc.; Jefferies LLC; Canaccord Genuity Inc.; Kevin Hershberger, Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 25, 2020.

Attorney(s) appearing for the Case

Omar Jafri , with whom Patrick V. Dahlstrom , Chicago, IL, Pomerantz LLP, Edward F. Haber , Boston, MA, Adam M. Steward , and Shapiro Haber & Urmy LLP were on brief, for appellants.

Douglas P. Baumstein , with whom Susan L. Grace , New York, NY, White & Case LLP, Barry Sher , Anthony Antonelli , New York, NY, Paul Hastings LLP, David S. Godkin , Boston, MA, James E. Kruzer , and Birnbaum & Godkin, LLP were on brief, for appellees.

Before Lynch, Stahl, and Kayatta, Circuit Judges.

On behalf of proposed classes of investors, Wang Yan alleged that ReWalk Robotics, Ltd. ("ReWalk") violated both the Securities Act of 1933 ("Securities Act") and the Securities Exchange Act of 1934 ("Exchange Act") by misrepresenting and omitting details about its dealings with the FDA in its initial public offering (IPO...

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