By Doug Greene and Jessie M. Gabriel, Partners with BakerHostetler in the firm’s New York, NY and Seattle, WA, and New York, NY office, respectively, and Chardaie Charlemagne, and Tiffany Miao, Associates in the firm’s New York, NY office.


Judges’ misguided interpretations and conscious circumvention have stripped a statutory defense against fraud suits of its reliability, and to encourage a return to meaningful public-company projections, courts must move toward an objective, broad standard for corporate cautionary language.