There are some limited exceptions to the preceding broad legal shield, such as when a publisher establishes a duty of care by carrying out its own investigation or analysis of a product or service and explicitly holds itself out as having done so, but that does not appear to be the case here.

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Thus, in a typical analysis, the lawyer is focused on a fact-specific transaction and would analyze each and every duty or obligation imposed by law and determine what must be done to comply and what must be avoided so as not to breach some duty imposed by statute, regulation, common law, or the contractual obligations underlying the transaction itself.

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