Yes indeed. So the question is whether that constitutes negligence and/or breach of fiduciary duty. And the odds in this case were not 99%. A wise old judge once told me to my face when I thought the same thing 22 years ago (securities fraud case we had in writing that the investment is "insured for principal plus 10%", when in fact that was not true), that our odds of winning were 70% at best.
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