With no explanation, chose the best option from "A", "B", "C" or "D". made, in the light of the circumstances under which they were made, not misleading, or ... to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security.” To state a cause of action for securities fraud, a plaintiff must plead that “in connection with the purchase or sale of securities, the defendant, acting with scienter, made a false material representation or omitted to disclose material information and that plaintiffs reliance on defendant’s action caused [plaintiff] injury.” Rothman v. Gregor, 220 F.3d 81, 89 (2d Cir.2000) (quoting Chill v. General Electric Co., 101 F.3d 263, 266 (2d Cir.1996)); see also S.E.C. v. Prater, 289 F.Supp.2d 39, 52 (D.Conn.2003) (<HOLDING>) (citing S.E.C. v. Monarch Funding Corp., 192

A: holding breach of best execution duty is a material misrepresentation in connection with the purchase or sale of the securities
B: holding that slusa preempts claims which allege a material misrepresentation or omission in connection with the purchase or sale of securities whether or not that allegation is an element of or otherwise necessary to the putative state claim
C: holding that a plaintiff alleging securities fraud must show that a defendant 1 made a material misrepresentation or a material omission as to which he or she had a duty to speak 2 with scienter 3 in connection with the purchase or sale of securities
D: holding that to satisfy the element of specific intent to defraud needed to convict for mail fraud the government must show that the defendant knowingly made a material misrepresentation or knowingly omitted a material fact for the purpose of inducing the victim of the fraud to part with property or undertake some action that he would not otherwise do absent the misrepresentation or omission
C.