Re: BXM Class Action Suits
The civil complaint charges that about half of the more than 33,000 postings on Yahoo!'s BMX board were from the trio, who used a variety of false names.
The negative messages may have been a factor in the drop of Biomatrix stock from $35 to $21 a share, Massachusetts Secretary of State William Galvin noted in a press release. Anyone who held a short position, a technique used to take advantage of an anticipated decline in the price of a security, would benefit from a significant drop in their price.
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This certainly will be an interesting case to follow. I note that there are at least five class action suits filed against BXM. Are all these law firms basing their suits on information they obtained solely from the three people who allegedly posted 16,000+ messages on Yahoo? I doubt it. Yet the Massachusetts Securities Division apparently thinks there was manipulation to get the price down.
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Schiffrin & Barroway, LLP, Announces Class Periods and Deadlines for Securities Fraud Actions
BALA CYNWYD, Pa., Aug 21, 2000 (BUSINESS WIRE) -- Schiffrin & Barroway, LLP has recently filed class action complaints against certain companies on behalf of investors nationwide.
These actions allege violations of the federal securities laws. If you purchased the common stock of any of these companies during the relevant time period (the "Class Period"), your legal rights may be affected by these actions. They include:
Class Period Deadline ------------ --------
Biomatrix, Inc. 07/20/99 - 04/25/00 09/19/00 (NYSE: BXM chart, msgs)
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Milberg Weiss Announces Securities Class Periods
NEW YORK, Aug 20, 2000 (BUSINESS WIRE) -- The following is an announcement by the law firm of Milberg Weiss Bershad Hynes & Lerach, LLP:
Milberg Weiss (http://www.milberg.com) gives notice to purchasers of the following securities for the following periods:
CORPORATION PERIOD ----------- ----------------- Biomatrix, Inc. (NYSE: BXM chart, msgs - chart, msgs news chart, msgs) 7/20/99 - 4/25/00
To sign up on-line: milberg.com
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Notice to Investors Concerning Pending Lawsuits, by Cauley & Geller, LLP
SAN DIEGO, Aug 18, 2000 (BUSINESS WIRE) -- Cauley & Geller, LLP, a law firm with offices in Little Rock, Arkansas, Boca Raton, Florida and San Diego, California which has specialized in representing shareholders in class actions for seven years, gives notice to purchasers of the following securities for the following periods:
CORPORATION PERIOD
Biomatrix, Inc. (NYSE: BXM chart, msgs) 07/20/99 - 04/25/00
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Investors File Class Actions Seeking Returns of Losses Announces The Law Office of Leo W. Desmond WEST PALM BEACH, FLA., Aug 12, 2000 (BUSINESS WIRE) -- The Law Office of Leo W. Desmond (http://www.SecuritiesAttorney.com) today announced that securities actions requesting class action certification have been initiated in various courts alleging violations of federal and/or state securities laws on behalf of purchasers of the following securities for the following class periods:
Biomatrix, Inc. (NYSE: BXM chart, msgs) 07/20/99 to 04/25/00
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Law Offices Of Charles J. Piven, P.A. Announces Securities Class Periods BALTIMORE, Jul 26, 2000 (BUSINESS WIRE) -- Law Offices Of Charles J. Piven, P.A. today announced that securities actions requesting class action status have been initiated on behalf of purchasers of the following securities during the following periods:
Class Period Symbol Exchange
Biomatrix, Inc. 07/20/99-04/25/00 BXM NYSE
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Cauley & Geller, LLP Announces Class Action Lawsuit Against Biomatrix, Inc. Seeking Damages On Behalf of Shareholders
BOCA RATON, Fla., Aug 16, 2000 (BUSINESS WIRE) -- The Law Firm of Cauley & Geller, LLP announced today that it has filed a class action in the United States District Court for the District of New Jersey on behalf of all individuals and institutional investors that purchased the common stock of Biomatrix, Inc. ("Biomatrix" or the "Company") (NYSE: BXM chart, msgs) between July 20, 1999 and April 25, 2000, inclusive (the "Class Period").
The complaint charges that the Company and certain of its officers and directors violated the federal securities laws by providing materially false and misleading information about the Company's business, prospects and operations. Specifically, the complaint alleges that the defendants knowingly or recklessly misrepresented the efficacy of its leading product, Synvisc, a gel-like substance used in the treatment of osteoarthritis. Plaintiffs allege that defendants artificially inflated reported sales of Synvisc and exaggerated the medical community's acceptance of the product. As a result of these false and misleading statements the Company's stock traded at artificially inflated prices during the class period. When the truth about the Company was revealed, the price of the stock dropped significantly.
Cauley & Geller, LLP has substantial experience representing investors in securities fraud class action lawsuits such as this. The firm has offices in Florida, Arkansas and California, but represents shareholders from throughout the nation. If you have any questions about how you may be able to recover for your losses, or if you would like to consider serving as one of the lead plaintiffs in this lawsuit, you must meet certain requirements and take appropriate action by September 19, 2000. You are encouraged to call or e-mail the Firm or visit the Firm's website at www.classlawyer.com. Contact:
Cauley & Geller, LLP, Boca Raton Sue Null, Jackie Addison or Sharon Jackson Toll Free: 1-888-551-9944 E-mail: Cauleypa@aol.com TICKERS: NYSE:BXM
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Shareholder Class Action Filed Against Biomatrix, Inc. by the Law Firm of Schiffrin & Barroway, LLP BALA CYNWYD, Pa., Aug 16, 2000 (BUSINESS WIRE) -- The following statement was issued today by the law firm of Schiffrin & Barroway, LLP:
Notice is hereby given that a class action lawsuit was filed in the United States District Court for the District of New Jersey on behalf of all purchasers of the common stock of Biomatrix, Inc. (NYSE: BXM chart, msgs) from July 20, 1999 through April 25, 2000 inclusive (the "Class Period").
If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Schiffrin & Barroway, LLP (Marc A. Topaz, Esq. or Robert B. Weiser, Esq.) toll free at 888/299-7706 or 610/667-7706, or via e-mail at info@sbclasslaw.com.
The complaint charges Biomatrix and certain of its officers and directors with issuing false and misleading statements concerning the Company's business, prospects and operations.
Plaintiff seeks to recover damages on behalf of class members and is represented by the law firm of Schiffrin & Barroway, LLP, who has significant experience and expertise prosecuting class actions on behalf of investors and shareholders. For more information on Schiffrin & Barroway, please visit our website at www.sbclasslaw.com.
If you are a member of the class described above, you may, not later than September 19, 2000 move the Court to serve as lead plaintiff of the class, if you so choose. In order to serve as lead plaintiff, however, you must meet certain legal requirements. Contact:
Schiffrin & Barroway, LLP Marc A. Topaz, Esq. Robert B. Weiser, Esq. 888/299-7706 (toll free) or 610/667-7706 E-mail: info@sbclasslaw.com TICKERS: NYSE:BXM
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Wolf Haldenstein Adler Freeman and Herz LLP Announces Commencement of Securities Case Against Biomatrix, Inc. and Certain Directors and Officers NEW YORK, Aug 7, 2000 (BUSINESS WIRE) -- The following is an announcement by the law firm of Wolf Haldenstein Adler Freeman and Herz LLP:
Wolf Haldenstein Adler Freeman & Herz LLP commenced a class action lawsuit in the United States District Court for the District of New Jersey on behalf of purchasers of the securities of Biomatrix, Inc. ("Biomatrix" or the "Company") (NYSE: BXM chart, msgs - chart, msgs News chart, msgs) between July 20, 1999 and April 25, 2000, inclusive (the "Class Period"). A copy of the complaint filed in this action is available from the Court, or can be viewed on the Wolf Haldenstein website at www.whafh.com.
The complaint alleges that the Company and certain of its officers and directors, namely Endre A. Balazs, CEO, Dir. & chief scientific officer, and Rory B. Riggs, Pres. and Dir., violated the federal securities laws by providing materially false and misleading information about the Company's business, earnings growth and financial condition during the Class Period. Specifically, Biomatrix manufactures, markets and sells a viscoelastic product called Synvisc, a gel-like substance that is injected into arthritic knees to postpone the necessity of, or even provide a substitute for, knee-replacement surgery. Throughout the Class Period, defendants artificially inflated the Company's reported net revenue, net income, earnings per share, and product sales of Synvisc through the twin practices of reporting revenue upon the shipment of product to distributors and stuffing the product pipeline with excess inventory.
Defendants further misrepresented that demand for Synvisc was increasing and that there was growing acceptance within the medical community for Synvisc "as an effective therapy" for osteoarthritis. Defendants knew, however, that the medical community was increasingly doubtful that Synvisc was a viable medical treatment, as numerous studies had shown that Synvisc was no more effective than a placebo or salt water injections in treating osteoarthritis, and might actually cause significant, long-term, adverse effects, such as cartilage damage.
As Synvisc's limitations became increasingly obvious to them, the individual defendants determined to cash out their investments but wanted to do so without driving down the price of their shares in the process. To this end, defendants engineered a combined cash and stock merger of the Company into Genzyme Corporation,announcing the Company's agreement to the merger on March 6, 2000. That announcement sought to manage the disclosure that due to the buildup of inventory in the channel, first-quarter sales might not be as robust as defendants had indicated just weeks earlier. Thus during a conference call with industry analysts, defendant Riggs was careful to state that there would still be growth for the quarter, but less than defendants had expected. It was not until April 25, 2000, when Biomatrix announced first-quarter revenues for 2000, that defendants disclosed for the first time the effect that channel-stuffing throughout 1999 had had on its year 2000 revenues and earnings. The Company announced first-quarter revenues of $16.7 million and net income of $0.5 million or $0.02 per diluted share. By this time the Company's share price had dropped to $19 15/16, down 85% from a Class Period high of $37 on March 1, 2000.
If you purchased Biomatrix securities between July 20, 1999 and April 25, 2000, you may, no later than September 19, 2000, request that the Court appoint you as lead plaintiff. 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 Wolf Haldenstein, or other counsel of your choice, to serve as your counsel in this action.
Wolf Haldenstein has extensive experience in the prosecution of securities class actions and derivative litigation in state and federal trial and appellate courts across the country. The reputation and expertise of this firm in shareholder and other class litigation has been repeatedly recognized by the courts, which have appointed it to major positions in complex securities multi-district and consolidated litigation.
In order to serve as lead plaintiff, you must meet certain legal requirements. If you wish to discuss this action or have any questions, please contact Wolf Haldenstein Adler Freeman & Herz LLP at 270 Madison Avenue, New York, New York 10016, by telephone at (800) 575-0735 (Fred Taylor Isquith, Esq., Gregory M. Nespole, Esq., Brian S. Cohen, Esq., or Michael Miske via e-mail at classmember@whafh.com, whafh@aol.com, nespole@whafh.com, Gnespole@aol.com, or our website at www.whafh.com.
All e-mail correspondence should make reference to BXM
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Wolf Haldenstein Adler Freeman & Herz LLP, New York Fred Taylor Isquith, Esq., Gregory M. Nespole, Esq., Brian S. Cohen, Esq., or Michael Miske 800/575-0735 classmember@whafh.com whafh@aol.com nespole@whafh.com Gnespole@aol.com www.whafh.com TICKERS: NYSE:BXM
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- Jeff |