Read the following excerpt from a US court opinion:
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and do all things that are reasonable and necessary to manage the affairs of the TEAM .... ” (capitalization in original; emphasis added). Furthermore, TDH expressly agreed to use prudent reliable methods and reasonable care for the safekeeping and proper management of each team’s funds and assets. Investors testified that TDH made all of the investment decisions and that investors were not required to do anything more than invest their money. Additionally, many team members neither met nor corresponded with other members of their team. Thus, the “economic reality” is that investors maintained a passive involvement with their investment while expecting profits to be derived solely from the efforts of TDH. See Forman, 421 U.S. at 848, 95 S.Ct. at 20 Co., 212 F.3d 180, 189 (3rd Cir.2000) . In this case, investors relied solely on
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the in connection with requirement of rule 10b5 was satisfied where investors were injured as investors through respondents deceptions and the scheme to defraud and the sale of securities coineided
B. holding that plaintiffs had stated a claim for breach of fiduciary duty where they alleged that the revenue sharing payments to the thirdparty service provider were excessive because the underlying mutual funds investment management fees covered all of the necessary investment managementadvisory services needed for the mutual fund
C. holding that the defendant was nondisehargeable where the plaintiff estab lished a violation of oklahoma securities laws by showing that defendants were in possession of funds that belonged to other investors
D. holding defendant sold investment contracts when it substituted new investors money for real investment return on old investors funds
E. holding that investment advisors with authority to make investment decisions for their clients have standing
Reply with [A, B, C, D, E] only.