someone I know is an ex-SEC lawyer. He agrees with me. As long as the 10Ks and 10Qs contain the appropriate warnings the latitude granted corporate executives when makikng forward-looking statements is very very wide.
You want a final answer go to the SEC.
Any new funds raised via a PIPE are sold strictly to "sophisticated" investors. The latitude granted there is even wider. For some light reading on how wide, read the SEC filings about a company based in Princeton New Jersey called Black Light Inc.
Waiting for an SEC action will prove as fruitful as waiting for NNVC to produce a drug. Godot will arrive first.