To: Janice Shell who wrote (24679 ) 2/12/2000 1:17:00 PM From: Arcane Lore Read Replies (2) | Respond to of 26163
Yesterday AltaVista* filed an amended S-1 registration statement for their IPO currently scheduled for the week of March 6. It characterized pending litigation as follows:[...] Legal We are not a party to any material legal proceedings. [...] freeedgar.com It is unclear to me whether AltaVista was aware of the AZNT lawsuit against their subsidiary Raging Bull at the time this statement was written. It's entirely possible they weren't (based on a message posted by Janice Shell it appears likely some or all of the defendants had not yet been served as of yesterday). If AltaVista was aware of AZNT's lawsuit, it appears (in my opinion) that despite the $250 million sought by AZNT, AltaVista still didn't regard the suit as material. Since AltaVista's 1998 revenues were $45.26 million and their revenues for 1999 also seem likely also to be less than $250 million (revenues were about $73.3 million for the first seven months of 1999), what inference, if any, can be drawn about AltaVista's beliefs about the likelihood of their having to pay AZNT $250 million? (Again subject to the very important assumption that they were aware of the suit when the S-1/A was prepared). Since Raging Bull was contacted in connection with Jason Anders Interactive WSJ article posted recently on this thread, it appears that Raging Bull is now aware of the suit, even if they weren't earlier. Accordingly it will be interesting to see what, if any, change is made to the relevant section when the next amended S-1 is filed. ===== *AltaVista acquired Raging Bull earlier this month:doc.altavista.com AltaVista in turn is currently (pre-IPO) owned in turn by CMGI (82.0% ownership) and Compaq (18.3%) (I'm not sure why those add up to more than 100%, but as a WAG would assume it's because Compaq received some CMGI stock in connection with the deal that brought AltaVista into the CMGI fold). Interestingly to the best of my knowledge, none of AltaVista, CMGI, Compaq or Go2Net has made a press release concerning the AZNT suit (though in the case of the first three companies this may have been due to the quiet period for the AltaVista IPO). For that matter, AZNT also has not issued a press release (AFAIK).