Although the appeal was untimely since the district court had dismissed with leave to amend, the subsequent final order in the case cured the defect.
Absent earlier specific or unqualified statements about the ongoing project, the company had no duty to disclose the setbacks to investors.
Usual timeline between discovery of bug and disclosure of repair insufficient to establish that the company's statements on the matter were false. Forward-looking statements would in any event be subject to the safe-harbor, as they were appropriately qualified.
Control-person liability is derivative of the claim against the company; these facts are insufficient to support such a claim.