He held that its judgments are, at the best, statements of identity, and that its so-called discoveries are merely the reiteration, in a new form, of previous truisms.
The conduct must be unconscionable, perhaps by diverting one's attention with false and misleading leading statements, but not amounting to a mistake caused by misrepresentation.
They are quite vocal in encouraging boards to perform frequent corporate governance reviews and to issue written statements of corporate governance principles.