When a thumbs-up emoji gets a defendant a thumbs-down

Whether it’s a smiling moon or a rocket ship, judges and juries are increasingly having to determine the meaning of pictograms

05 August 2023 – 15:40 By Stephen L. Carter

Social media is all atwitter — um, all an-X-er? — about the emoji at the heart of last week’s US federal court ruling allowing a securities suit to proceed against billionaire investor Ryan Cohen. To be sure, litigation after a corporate collapse sprouts like weeds, but in this case, both my law professor and wordsmith sides are fascinated by the allegation that Cohen used an image of a smiling moon to boost the stock price of Bed Bath & Beyond, after which he started selling his significant stake…

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