Ninth Circuit -- WPP LUXEMBOURG GAMMA THREE SAR V. SPOT RUNNER, INC.

WPP LUXEMBOURG GAMMA THREE SAR V. SPOT RUNNER, INC.

   Securities litigation - question is whether it was kosher to have sold stock while privately unloading it.

Specific duty to disclose in agreement trumps general duty to disclose.  Waiver of this was partial and countermanded by the specific terms of the agreement.

Deft argument that waiver TKO's required scienter doesn't fly.  Sufficiently pleaded.

No holding on whether heightened pleading applies to loss causation.  Allegation that concealment caused the loss since revelation trashed the stock sufficeth unto the task.