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Labaton Sucharow LLP Files a Class Action Lawsuit
Marketing |
2011/10/31 08:48
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Labaton Sucharow LLP filed a class action lawsuit on October 26, 2011 in the U.S. District Court for the Northern District of California. The lawsuit was filed on behalf of purchasers of OmniVision Technologies, Inc. common stock between August 27, 2010 and October 13, 2011, inclusive (the Class Period).
The action charges OmniVision and certain of its officers with violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. The Complaint alleges that, throughout the Class Period, the Company's financial results were artificially inflated by virtue of the fact that the Company had concealed the loss of its exclusive contract with Apple Inc. (Apple) to supply imaging sensors for Apple's celebrated iPhone.
OmniVision is a designer and manufacturer of image sensors that are used in digital cameras to convert optical images into electronic signals. OmniVision is one of the leading suppliers of complementary metal-oxide-semiconductors (CMOS) sensors used in mobile telephones. The Complaint alleges that OmniVision failed to disclose that: (a) it had lost its lucrative, high-profile, and exclusive contract with Apple; (b) competition was eroding its leadership position in the smartphone industry; (c) delays in the development of its 8-megapixel product line were threatening its prospects; and (d) it lacked a reasonable basis for its statements about its bright prospects in the smartphone market.
On August 25, 2011, OmniVision announced its results for the fiscal first quarter of 2012 and provided guidance for the fiscal second quarter of 2012 that was well below analyst expectations. The Company also disclosed delays in the production of its new 8-megapixel product line. Based on the Company's disappointing guidance, analysts recognized that OmniVision would not be the exclusive producer of camera components for Apple's new, fifth generation iPhone--the iPhone 4S--set for release in the fall of 2011. As a result of these revelations, OmniVision's stock declined $7.55 per share, or 30.4 percent, to close at $17.27 per share on August 26, 2011 on extraordinary trading volume.
On October 14, 2011, the iPhone 4S became available for sale and for disassembly. Based on a logo stamped on the inside of the camera sensor, experts determined that Sony--and not OmniVision--had supplied the CMOS sensor for the iPhone 4S. In reaction to this news, OmniVision's stock fell $1.65 per share, or 9.3 percent, to close at $15.95 per share on October 14, 2011 on high trading volume.
On October 14, 2011, the iPhone 4S became available for sale and for disassembly. Based on a logo stamped on the inside of the camera sensor, experts determined that Sony--and not OmniVision--had supplied the CMOS sensor for the iPhone 4S. In reaction to this news, OmniVision's stock fell $1.65 per share, or 9.3 percent, to close at $15.95 per share on October 14, 2011 on high trading volume.
If you are a member of this Class you can view a copy of the complaint and join this class action online at http://www.labaton.com/en/cases/Newly-Filed-Cases.cfm.
Labaton Sucharow LLP, with offices in New York, New York and Wilmington, Delaware, is one of the country's premier law firms representing institutional investors in class action and complex securities litigation, as well as consumers and businesses in class actions seeking to recover damages for anticompetitive practices. The Firm has been a champion of investor and consumer rights for more than 45 years, seeking recovery of current losses and necessary governance reforms to protect investors and consumers. Labaton Sucharow has been recognized for its excellence by the courts and its peers. More information about Labaton Sucharow is available at www.labaton.com. |
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Robbins Geller Rudman Dowd LLP Files Class Action
Marketing |
2011/09/26 09:33
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Robbins Geller Rudman amp; Dowd LLP announced that a class action has been commenced in the United States District Court for the District of Colorado on behalf of a proposed class of Allos Therapeutics, Inc. shareholders who held Allos common stock during the period beginning July 20, 2011 through and including the closing of the proposed acquisition of Allos by AMAG Pharmaceuticals, Inc.
If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from today. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiffs’ counsel, Darren Robbins of Robbins Geller at 800/449-4900 or 619/231-1058, or via e-mail at djr@rgrdlaw.com. If you are a member of this class, you can view a copy of the complaint as filed or join this class action online at http://www.rgrdlaw.com/cases/allostherapeutics. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.
The complaint charges Allos and its Board of Directors (the “Board”) with breaches of fiduciary duty and aiding and abetting breaches of fiduciary duty under state law and the Board and AMAG with violations of the Securities Exchange Act of 1934 (“1934 Act”). Allos is a biopharmaceutical company that engages in the development and commercialization of anti-cancer therapeutics.
The action arises from Allos and AMAG’s July 20, 2011 announcement that Allos had entered into a definitive merger agreement (the “Merger Agreement”) under which Allos would be acquired by AMAG in a transaction valued at approximately $260 million (the “Proposed Acquisition”). Under the terms of the Merger Agreement, Allos stockholders will receive a fixed ratio of 0.1282 shares of AMAG common stock for each share of Allos common stock held. The deal values Allos stock at $2.44 a share using AMAG’s prior closing price of $19.07. The complaint alleges that the Proposed Acquisition significantly undervalues Allos, as Allos shares traded as high as $4.21 as recently as January 12, 2011, and after the announcement of the Proposed Acquisition the price of AMAG common stock has fallen to $13.58 per share, giving the deal a real value of just $1.74 per Allos share.
The complaint further alleges that in an attempt to secure shareholder support for the Proposed Acquisition, on August 22, 2011, defendants issued a materially false and misleading Preliminary Joint Proxy/Prospectus on Form S-4 (the “Proxy”). The Proxy, which recommends that Allos shareholders vote in favor of the Proposed Acquisition, omits and/or misrepresents material information about the unfair sales process for the Company, conflicts of interest that corrupted the sales process, the unfair consideration offered in the Proposed Acquisition, and the actual intrinsic value of the Company on a stand-alone basis and as a merger partner for AMAG, in contravention of §§14(a) and 20(a) of the 1934 Act and/or defendants’ fiduciary duty of disclosure under state law.
Plaintiffs seek injunctive relief on behalf of all shareholders of Allos who held Allos common stock during the period beginning July 20, 2011 through and including the closing of the proposed acquisition of Allos by AMAG (the “Class”). The plaintiffs are represented by Robbins Geller, which has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud.
Robbins Geller, a 180-lawyer firm with offices in San Diego, San Francisco, New York, Boca Raton, Washington, D.C., Philadelphia and Atlanta, is active in major litigations pending in federal and state courts throughout the United States and has taken a leading role in many important actions on behalf of defrauded investors, consumers, and companies, as well as victims of human rights violations. The Robbins Geller Web site (http://www.rgrdlaw.com) has more information about the firm. |
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2 Attorneys From Girard Gibbs Selected to Best Lawyers in America 2012
Marketing |
2011/09/25 09:33
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Girard Gibbs LLP (www.GirardGibbs.com) announced today that two attorneys in the firm’s San Francisco office were recently selected by their peers for inclusion in The Best Lawyers in America® 2012 (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.). Girard Gibbs’ Daniel Girard was honored for his work in class action and securities litigation, and Eric Gibbs was recognized for his work in class action litigation.
Daniel Girard has served as lead counsel in a wide range of cases, including class actions arising under the securities, financial services, civil rights and telecommunications laws. He serves as outside counsel to the California State Teachers Retirement System and the Kansas Public Employees Retirement System. His current work includes serving as lead counsel for investors in litigation against several major banks, including multi-district proceedings against UBS AG in connection with the Lehman Brothers collapse. He also represents individual and corporate clients in international arbitration proceedings.
Mr. Girard was appointed by Chief Justice William Rehnquist to the United States Judicial Conference Committee on Civil Rules in 2004. He was reappointed to a second three-year term by Chief Justice John Roberts in 2007. He is a member of the American Law Institute, and serves on the Advisory Board of the Institute for the Advancement of the American Legal System, a national, non-partisan organization dedicated to improving the process and culture of the civil justice system.
Mr. Girard was selected for inclusion in Northern California Super Lawyers from 2007 through 2011, and has earned an AV-Preeminent rating from Martindale-Hubbell, recognizing him in the highest class of attorneys for professional ethics and legal skills. 2011 is the first year he is listed in The Best Lawyers in America.
Eric Gibbs is a founding partner at Girard Gibbs and specializes in the prosecution of consumer and employment class actions. Mr. Gibbs serves as court-appointed lead counsel, class counsel and liaison counsel in various class and collective actions in federal court and in arbitration throughout the United States. His experience in complex litigation extends to matters involving defective products, false advertising, unfair competition, privacy rights, employment misclassification and wage and hour issues.
Mr. Gibbs is the immediate past co-chair of American Association for Justice’s Class Action Litigation Group and past editor of the group’s Quarterly Newsletter; he also serves on the Board of Governors of the Consumer Attorneys of California and is a member of Public Justice’s Class Action Preservation Project Committee.
Mr. Gibbs was selected for inclusion in Northern California Super Lawyers in 2010 and 2011, and has earned an AV-Preeminent rating from Martindale-Hubbell, recognizing him in the highest class for professional ethics and legal skills. Mr. Gibbs frequently speaks on current issues concerning class action litigation. 2011 is the first year he is listed in The Best Lawyers in America. |
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National Mesothelioma Awareness Day 2011
Marketing |
2011/09/22 11:13
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National Mesothelioma Awareness Day 2011 carries special meaning for New York-based Weitz amp; Luxenberg, P.C., one of the nation's leading personal injury law firms, because so many of its clients are mesothelioma victims on whose behalf hundreds of millions of dollars in verdicts and settlements have been won.
Arthur Luxenberg, founding partner of Weitz amp; Luxenberg, explains that mesothelioma is a relatively rare form of cancer that strikes as many as 3,000 Americans each year.
A common cause of mesothelioma is asbestos exposure, he says. Victims tend to be electricians, plumbers, armed forces veterans -- anyone who worked with or around asbestos. The condition develops decades after exposure, but the disease can prove fatal within a year of diagnosis. At present, there is no cure. And to make matters worse, family members also often fall prey to mesothelioma as a result of secondary exposure to asbestos fibers carried into the home by the primary victim.
Weitz amp; Luxenberg has been able to play a pivotal role in the ongoing effort to compensate mesothelioma victims thanks to its extensive experience and vast resources.
Mesothelioma awareness is an extremely serious issue, and we at Weitz amp; Luxenberg are grateful for the opportunity National Mesothalioma Awerness Day 2011 affords us to inform people about it, to build broader partnerships that hopefully can deliver more help to victims, says Luxenberg.
The disease -- which affects internal organs by attacking surrounding membranes -- receives less attention than it deserves, health advocates insist. Their raised voices helped convince Congress to acknowledge the problem of mesothelioma by proclaiming Sept. 26, 2011 National Mesothelioma Awareness Day.
About Weitz amp; Luxenberg
Founded in 1986 by attorneys Perry Weitz and Arthur Luxenberg, Weitz amp; Luxenberg, P.C., today ranks among the nation's leading law firms. It specializes in multiple litigation fields including: mesothelioma; defective medicine and devices; environmental pollutants; accidents; personal injury; and medical malpractice. Weitz amp; Luxenberg offers free legal consultation to injured parties by calling 1-800-476-6070 or by emailing clientrelations@weitzlux.com. More information is available at www.weitzlux.com |
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Ex-Pa. House speaker pleads guilty to corruption
Marketing |
2011/09/06 09:33
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The onetime speaker of the Pennsylvania House of Representatives pleaded guilty Wednesday to eight criminal charges stemming from a public corruption investigation, making him the highest-ranking state politician to be convicted in the four-and-a-half-year inquiry.
Ex-Rep. John M. Perzel entered the plea to two counts of conflict of interest, two counts of theft and four counts of conspiracy. He left the courthouse without commenting, but apologized in an e-mailed statement and said he bore responsibility for improprieties in spending public funds he controlled.
It was up to me to see that taxpayer funds were spent only for the betterment of the people of Pennsylvania, and not for my political benefit (or) that of my party, Perzel said in the news release.
Prosecutors have described Perzel, 61, as being at the center of a scheme to spend millions of taxpayer dollars on computer technology for the benefit of GOP political campaigns.
Also Wednesday, his nephew and co-defendant Eric S. Ruth, 36, pleaded guilty to conspiracy and conflict of interest. Ruth once worked in the House Republican technology office. |
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A Court Cannot Exclude Evidence Because It Is Self-Serving
Marketing |
2011/08/31 08:41
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In Reed v. City of Evansville, _ N.E.2d _ (Ind. Ct. App. 2011), Cause No. 82A05-1012-PL-768, Evansville sought to have some of the evidence the Reeds submitted in opposition to the City's motion for summary judgment because it was self-serving. Today, the Court of Appeals clearly stated that parties should not make this same objection in the future.
The Reeds filed a claim against Evansville and Evansville moved for summary judgment, arguing that the notice was not timely under the Tort Claims Act. The trial court granted that motion and the Reeds appealed.
On appeal, the Court held that the trial court erred when granting summary judgment to the City, because there were genuine issues of material fact. The court then addressed the City's cross-appeal, which challenged the trial court's denial of the City's motion to strike some of the Reeds' evidence. The City moved to strike some of that evidence because it was self-serving. The Court had none of it.
http://www.indianalawupdate.com/entry/A-Court-Cannot-Exclude-Evidence-Because-It-Is-Self-Serving |
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