Although Omnicare, Inc. v. Laborers Dist. Council Construction Ind. Pension Fund (2015) 135 S.Ct. 1318 dealt with misrepresentations under section 11 of the Securities Act (15 USC 77k(a)), this decision holds that Omnicare’s rules with respect to when opinions can be deemed actionable misrepresentations apply to suits for false proxy statements under sections 14(a) and 20(a) of the Securities Exchange Act (15 USC 78n, 78t).