To: VLAD who wrote (6015 ) 3/20/1998 11:26:00 AM From: Chip Roos Read Replies (1) | Respond to of 23519
Friday March 20, 6:01 am Eastern Time Company Press Release Weiss & Yourman Files Securities Fraud Class Action Against Vivus, Inc. and Certain of its Officers and Directors LOS ANGELES--(BUSINESS WIRE)--March 20, 1998--On March 16, 1998, a class action lawsuit was filed in the U.S. District Court for the Northern District of California by the law firm of Weiss & Yourman on behalf of purchasers of Vivus, Inc. (''Vivus'' or the ''Company'') (NASDAQ: VVUS - news) common stock between May 2, 1997 and December 9, 1997 (the ''Class Period'') to recover damages caused by defendants' violations of Securities Exchange Act of 1934. Vivus is a California-based company whose business is to develop advanced therapeutic systems for the treatment of erectile dysfunction. The complaint alleges that throughout the Class Period, defendants repeatedly disseminated to the investing public bullish statements, including the reporting of the purportedly outstanding success and market acceptance of the Company's primary product, MUSE. On December 10, 1997, the Company announced it would miss fourth quarter revenue goals by as much as 25%, and Asensio & Company announced the same day that not only did their study of MUSE not yield the same favorable results that Vivus was reporting, but that there were concerns about the accuracy of the product sales figures Vivus had been reporting. In response to the December 10, 1997 announcements, the price of Vivus common stock plummeted from December 9, 1997's high of $21 1/2 per share to close at $13 13/16, trading as low as $12 per share and losing over 30% of its value in one day. Plaintiff seeks to recover damages on behalf of class members and is represented by Weiss & Yourman, a law firm with significant experience and expertise in prosecuting class actions on behalf of investors and shareholders. If you are a member of the class described above and wish to serve as class representative, you have until May 19, 1998 in which to move the Court to serve as lead plaintiff, if you so choose. In order to serve as lead plaintiff, however, you must meet certain legal requirements. If you wish to discuss this action, or have any questions concerning this notice, or your rights or interests with respect to this matter, please contact plaintiff's counsel, Behram Parekh of Weiss & Yourman at 800-437-7918, via e-mail at wyca@aol.com, or on the internet at www.wyca.com. I'm telling you guys that many months ago, the CEO was on CNBC and at that time, I posted that he had crooked teeth....not a good sign for an executive. CR