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Technology Stocks : Varian Semiconductor Equipment Associates -- VSEA -- Ignore unavailable to you. Want to Upgrade?


To: Henry D who wrote (1295)1/29/2001 9:48:04 PM
From: ima_posta2  Respond to of 1929
 
Varian's SLAPP lawsuit is already two years old!

1. The $50,000,000 class-action (VERIFIED) lawsuit is on file in the Santa Clara County Superior Court. The case no. is CV780187.
2. At least one claim in the cross-complaint survived the first plaintiff's demurrer. All but one of the remaining claims are being adjudicated, so the lawsuit is quite alive and well.
3. The final liability for punitive damages is something that unless settled early will be decided by a jury, but not for some time yet, and even then a significant judgment would likely be appealed.
4. Discovery is continuing with more than a dozen deposition notices already in place. Just today, Jim Fair, the first NVLS employee involved in the lawsuit was deposed. His testimony took all day long, and he is not finished.

These are some of the facts, but keep in mind I am not an attorney, and as an active participant, am to be taken as biased. However, consider the VSEA side and how informed they keep their investors. We're still waiting to hear about the chairman's resignation from within the company.
While, I own ACLS and VSEA stock, I can't understand how a lawsuit like this does anything but hurt the performance of VSEA. In my opinion, the adverse publicity affecting the VSEA perpetrators will only get worse as discovery continues.

Good luck deciding, but it's a no brainer for me!



To: Henry D who wrote (1295)1/30/2001 11:12:40 PM
From: Red Heeler  Read Replies (3) | Respond to of 1929
 
Hi Henry,

I'm not an attorney but no one has answered your post so I thought I'd give you my take on the lawsuit; it hasn't affected VSEA the stock and it certainly hasn't affected VSEA the company. If you'll look past the malicious and self-serving FUD of ima_posterior2 and danteCrisco this is what you'll find:

Look at VSEA compared to the SOXX and other related companies and you'll see that VSEA is performing pretty much as one would expect for a company in its industry sector. The lawsuit hasn't affected the stock price at all.

But, more importantly, look at the blowout earnings report issued by VSEA on Thursday. The company reported a first quarter revenue increase of 108% with net income reaching $40.1 million, or $1.20 per diluted share. This beat consensus estimates by a whopping $.24 cents and was a vast improvement over the year ago quarter when the company earned $0.16 per diluted share. VSEA CFO Ernest L. Godshalk, explained, "Our record operating profits are a result of improved gross margins and expense control. We remain optimistic about our long-term prospects because of our gains in market share and increasing profitability. For the near term, in view of the uncertain economic outlook, while we continue to invest in R&D, we are reducing overhead and imposing strict spending controls, which further improve our operating leverage."
VSEA has a 59% market share in the 300 mm ion implant market. It's an estimated 23% long-term grower trading at only 7 times earnings and one times sales, while owning a pristine, debt-free balance sheet.

I think we'll see VSEA in the fifties before the year's out, lawsuit or not.

Regards,

CC



To: Henry D who wrote (1295)1/31/2001 8:36:25 AM
From: dantecristo  Respond to of 1929
 
Aurelio is intimidated by the truth?

" I, Richard Aurelio, hereby declare as follows:
1. I am the Chief Executive Officer for Varian Semiconductor Equipment Associates, Inc. I make this declaration of my own personal knowledge and, if called to testify as to the matters discussed herein, could do so competently. ... Mr. Delfino and Ms. Day have made it clear to me in the over ONE HUNDRED postings that they have made about me that they will make me sorry for authorizing that a lawsuit be filed against them. They have flagrantly sought to intimidate me since they returned to the Internet in August 1999. Mr. Delfino is especially guilty of this campaign of intimidation. He has threatened to make copies of my videotaped deposition and provide over the Internet. He has suggested that I should resign. He has implied that I will go to prison. Both of them have repeatedly inferred that they will ultimately recover damages against Varian for it filing of the lawsuit. They have also repeatedly promised to post forever. I believe all of these postings are designed to intimidate me, Mr. Levy, Ms. Felch, Mr. Zdasiuk, and the other witnesses in the lawsuit against the defendants. ..."
Try over 10,000 message board postings! Boo!