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FOR IMMEDIATE RELEASE
IPO SECURITIES LITIGATION RECOVERY OF AT LEAST $1 BILLION
DOLLARS GUARANTEED FOR PLAINTIFF CLASSES UPON APPROVAL OF
SETTLEMENT
[New York, N.Y., June 26, 2003] The Plaintiffs' Executive Committee
announced that a proposed settlement between the issuer defendants
and their directors and officers and the plaintiffs has been
structured in the Initial Public Offering Securities Litigation
which would guarantee at least (or the first) $1 billion dollars
to investors who are class members from the insurers of the
issuers. (This is separate from any recoveries to be received
by investors as a result of any government or regulatory action).
The cases will continue against the 55 investment bank underwriter
defendants.
The Initial Public Offering Securities Litigation consists
of 309 class actions involving more than 300 IPOs marketed
between 1998 and 2000. The actions are coordinated before
U.S. District Court Judge Shira A. Scheindlin in the Southern
District of New York.
The defendants consist of the companies brought public,
certain of their officers and directors and 55 of the investment
banks that brought them public and underwrote various follow-on
offerings.
The lawsuits allege that the IPOs were manipulated by the
investment banks to artificially inflate the market price
of those securities and to conceal the amounts of compensation
actually received by the underwriters.
The plaintiffs' attorneys are led by a Court-appointed Executive
Committee which has been in a year-long mediation with the
non-investment bank defendants to arrive at a settlement of
all claims against them.
A Memorandum of Understanding ("MOU") to settle
plaintiffs' claims against the issuers and their directors
and officers has now been approved as to form by counsel,
and the process of obtaining approval by all parties to the
MOU is now underway. The parties will be required to prepare
many complex documents necessary to consummate the settlement,
which will be submitted to the Court for preliminary approval.
Final approval will be required by the Court following notice
to class members and a fairness hearing.
The settlement provides that the class members will be guaranteed
$1 billion dollars in recoveries by the insurers of the issuers.
In addition, the settling issuer defendants will assign to
the class members certain claims that they may have against
the underwriters. If recoveries in excess of $1 billion dollars
are obtained by the classes from the underwriters, the settling
defendants' monetary obligations to the class plaintiffs will
be satisfied.
If more than $5 billion dollars are recovered from the underwriter
defendants, the settling defendants and their insurers will
be able to recover various expenses incurred in connection
with the litigation
The proposed settlement does not resolve the claims against
the underwriter defendants. Plaintiffs will continue to prosecute
those claims.
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