Abstract
The Court will consider whether a securities fraud claim under the Securities Exchange Act can be premised on a company's omission of mandatory Management Discussion and Analysis (MD&A) disclosures. MD&A disclosures, which are required by Item 303 of Regulation S-K, are intended to provide investors with a view of the company through the eyes of management, including a description of any known trends or uncertainties that are reasonably likely to have a material impact on the company's continuing operations.