Safe Harbor language protects the CEO using forward looking wording.
Yes, it is true that Safe Harbor gives company officers a lot of latitude to be really, really wrong. But it does NOT protect them from telling LIES, including lies of omission. Case law is very clear. It does not protect an executive who makes a statement which is known to be false, and it does not protect an executive who refuses to give material information which is known to be true.
Hi Nasrat! Don't count on Safe Harbor to get you out of this. You've been kicking that can for a loooooong time now. Which way are you going from here?