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Janus Capital Group, Inc. v. First Derivative Traders, 2011 U.S. LEXIS 4380 (June 13, 2011)

LexisNexis Overview: There was no allegation that an investment advisor filed prospectuses and falsely attributed them to a mutual fund, nor did the prospectuses indicate that they came from the advisor instead of the fund; thus, the advisor did not "make" allegedly misleading statements...