Bernstein Liebhard LLP Announces That A Class Action Has Been Filed Against Insys Therapeutics, Inc.
December 17, 2013
Bernstein Liebhard LLP today announced that a class action has been commenced in the United States District Court for the District of Arizona on behalf of those (the “Class”) who purchased or acquired the securities of Insys Therapeutics, Inc. (“Insys”) (NASDAQ: INSY) during the period of May 1, 2013 and December 12, 2013 (the “Class Period”).
Insys is a commercial-stage specialty pharmaceutical company that develops and commercializes innovative supportive care products, primarily intended to assist cancer patients cope with the symptoms of their disease and treatment or therapy. The Company’s principal source of revenues is through sales of Subsys, a sublingual spray for managing cancer pain.
The Complaint alleges that throughout the Class Period, Defendants made materially false and misleading statements regarding the Company’s business and operations. Specifically, Defendants made materially misleading statements concerning, or failed to disclose, that: (i) the Company engaged in illegal and/or unethical marketing of Subsys; (ii) the Company was exposed to potential fines and other disciplinary actions as a result of its Subsys marketing practices; and (iii) as a result, the Company’s financial statements were materially false and misleading at all relevant times.
On December 12, 2013, after market close, the Company announced that “it has received a subpoena from the Office of Inspector General of the Department of Health and Human Services (“HHS”) in connection with an investigation of potential violations involving HHS programs. The subpoena requests documents regarding Subsys, including Insys’ sales and marketing practices relating to this product.” On this news, the Company’s shares fell $7.73 per share, to close at $37.55 per share, a one day drop of over 17%, on high volume.
Plaintiffs seek to recover damages on behalf of all Class members who invested in Insys securities during the Class Period. If you invested in Insys securities as described above, and either lost money on the transaction or still hold the security, you may wish to join in this action to serve as lead plaintiff. In order to do so, you must meet certain requirements set forth in the applicable law and file appropriate papers no later than February 14, 2014.
A “lead plaintiff” is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the court must determine that the class member’s claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as lead plaintiff. Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain Bernstein Liebhard LLP, or other counsel of your choice, to serve as your counsel in this action.
If you are interested in discussing your rights as an Insys shareholder and/or have information relating to the matter, please contact Joseph R. Seidman, Jr. at (877) 779-1414 or firstname.lastname@example.org.
Bernstein Liebhard LLP has pursued hundreds of securities, consumer and shareholder rights cases and recovered over $3 billion for its clients. It has been named to The National Law Journal’s “Plaintiffs’ Hot List” in each of the last ten years.
You can obtain a copy of the complaint from the clerk of the court for the United States District Court for the District of Arizona.