To: Deeber who wrote (10322 ) 8/21/2002 9:51:46 PM From: StockDung Respond to of 19428 Martha Stewart sued over sale of shares in own firm By Gail Appleson NEW YORK (Reuters) - Investors hurt by the share price drop of Martha Stewart Living Omnimedia sued CEO Martha Stewart and other company insiders on Wednesday, alleging they dumped stock ahead of negative news that the style queen was under investigation for her sale of ImClone System shares. Defendants in the suit, filed in Manhattan federal court, are homemaking guru Stewart and a group of others, including venture capitalist L. John Doerr and his firm Kleiner Perkins Caufield & Byers. Doerr had been a director of Martha Stewart Living until earlier this year. The case alleges that Martha Stewart Living insiders sold about 5.3 million shares, making more than $79 million in illegal profits and avoiding losses they would have suffered if the public had known in advance about investigations into Stewart's sale of ImClone stock. The suit seeks class action status on behalf of investors who bought Martha Stewart Living stock between Jan. 8 and July 24. The case, filed by the major shareholder plaintiff's firm Milberg Weiss Bershad Hynes & Lerach, does not specify an amount of damages. "The company believes the lawsuit is without foundation and we intend to defend it aggressively," said a spokeswoman for Martha Stewart Living. A spokesman for Kleiner Perkins could not be immediately reached for comment. Shares of Martha Stewart Living have lost about half their value since the ImClone share scandal broke in June. Stewart is being investigated by federal prosecutors, the Securities and Exchange Commission and a Congressional committee related to her sale of ImClone shares a day before ImClone disclosed bad news. On Tuesday, Stewart turned over more than 1,000 pages of documents demanded by a House panel. The House Energy and Commerce Committee is trying to clear up questions about what, if anything, Stewart knew about trouble at ImClone when she sold almost 4,000 shares on Dec. 27. She has said she sold because she had a pre-existing deal with her broker to dump the stock if the price fell below $60 a share. On Dec. 28, ImClone announced that the Food and Drug Administration had refused to review its application for its highly touted cancer drug, Erbitux, a shock to investors that sent the company's shares plunging. ImClone's former chief executive, Samuel Waksal, who is a friend of Stewart's, has been charged with allegedly trying to sell ImClone shares before the FDA news became public and tipping two relatives to unload their shares. Waksal has denied wrongdoing and has pleaded not guilty to securities and bank fraud charges. The shareholder suit filed on Wednesday alleges that Stewart kicked off insider sales of her own company's stock on Jan. 8 when she sold 3 million shares in a private undisclosed sale. It alleges that on March 14, through Doerr, Kleiner Perkins Caufield & Byers, sold nearly 2 million shares of Martha Stewart Living stock it held at $14.50 per share in another private transaction. The suit alleges the company's stock was trading publicly at over $19 per share at the time. With that sale, Doerr, KPCB's designated board member, resigned without giving any public notice, the suit alleges. The suit further alleges that on March 2 and again on May 2, Martha Stewart Living executives sold millions more of their shares in the company at prices as high as $20 per share. Shares of Martha Stewart Living closed down 6 cents at $8.99 on the New York Stock Exchange on Wednesday. The shares hit a 52-week high of $20.92 on March 18 and a 52-week low of $6.30 on Aug. 2. Reuters/Variety 08/21/02 19:44 ET