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Expert Analysis

9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims

By Stephen Blake, Meredith Karp and Jonathan Youngwood ( October 1, 2025, 4:12 PM EDT) -- On Aug. 20, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of Sneed v. Talphera Inc., a securities fraud class action. The plaintiffs alleged that a pharmaceutical company and certain of its executives misled investors in violation of Section 10(b) of the Securities Exchange Act and Rule 10b-5 by marketing a drug with the slogan "Tongue and Done," because administering it was more complex than just placing it under the tongue and being done, and therefore its potential market would be more limited.[1]...

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