Law360, New York ( July 9, 2015, 10:43 AM EDT) -- Prior to the U.S. Supreme Court's March decision in Omnicare Inc. v. Laborers District Council Construction Industry Pension Fund,[1] companies could take some comfort when including opinion statements in filings made under the Securities Act of 1933 because, at least in certain jurisdictions like the Second Circuit, liability for opinion statements under Section 11 of the Securities Act only attached "to the extent that the statement was both objectively false and disbelieved by the defendant at the time it was expressed." Companies could often take even greater comfort in filings made under the Securities Exchange Act of 1934, because a plaintiff alleging a claim under Section 10(b) must allege scienter, and so long as an opinion statement was genuinely believed, it was accepted wisdom that such a statement was not actionable....