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To: SlyWombat who wrote (2289)4/2/1998 11:12:00 AM
From: jackhach  Respond to of 13797
 
Sly,

I do not anticipate that the class-actions will just go away, nor can anyone expect the suits to somehow dissapear as a condition for ALTS's acquisition. The plantiffs control what they want to do in such matters.

An acquirer would have to establish the merit of the lawsuits. Determine the damages, if any, that might have to be paid and then incorporate such numbers into the purchasing price.

Remember the following: These are boilerplate civil suits. These are fill-in-the-blank, sign, date, attach your stamp, and mail to your local court(s) type suits. These are not specific targets with very specific (inside) information or proof. The vast majority of the complaint(s) are solely based on superficial/observational determinations of facts. These lawyers simply scan the latest data sheets and find those companies that have had unpredictable drops characterized by vague/contradictatory announcements by the defendant company. That's it -- not much more.

The lawyers have to prove that the company was intentionally negligent and deceptive. Although not criminally, but at least by a reasonable fiduciary standard. Be assured that most of these lawyers are just counting on the "perception/aggravation" payoff from the defendant. They don't want to spend all kinds of time and money having to prove their case. In final, an ultimate judgement is determined by how many plantiffs actually sign on for a reward and then it is divided. This is only after the lawyers take 33 to 40%.

-JH

White collar ambulance chasers is what they are.

BTW, forgive my spelling. I don't bother with an edit.