Judge JON 0. NEWMAN concurs in the majority opinion and in a separate opinion. McLAUGHLIN, Circuit Judge: Defendants Andrea Farace, Frederick Marcus, and Philip Smith (collectively, “defendants”) are former officers and directors of Trace International Holdings, Inc. (“Trace”), which is now in bankruptcy. Plaintiff John Pereira is the trustee (“Trustee” or “plaintiff’) acting on behalf of Trace; he was appo…
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