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Biotech / Medical : VVUS: VIVUS INC. (NASDAQ) -- Ignore unavailable to you. Want to Upgrade?

To: mc who wrote (7145)	4/17/1998 1:55:00 AM
From: LoLoLoLita	Read Replies (2) \| Respond to of 23519

>>For those that don't know, the class action lawsuit has now >>been extended to include options purchased or sold during >>the class period. Is this normal? Gary, I buy a lot of stocks that have class-action suits, just off the top of my head: ASND, COMS, MWHS, and OXHP come to mind. and bought CD today! Yeah!!! It is very unusual to include options. But almost all of these suits are just a nuisance, and lead to "no material impact" on the defendant's balance sheet. The only exceptions, in my experience as bottom-feeder, is if the basis of the lawsuit is that co. knowingly filed false financial statements with SEC, and then, later on, restated prior year's results. (happening now with Cendant--CUC Intl.) In these cases, co. is much more likely to pay money damages. This happened with MWHS, and I just got a letter informing me of a proposed settlement due to co. restating FY 94 and 95 results. It's quite interesting, in that if I submit an affadavit affirming that I based my purchase on the FY 94 or FY 95 financial statements, then the amount of money due me in the proposed settlement is increased by almost a factor of 5. Going this route, it adds up to a substantial sum, and is well worth asking broker for the duplicate trade slips. VVUS is quite a different story. The allegations against VVUS include a lot of claims that seem wholly frivolous. If I was bringing those actions, I'd worry that a court would dismiss, with prejudice, and order me to pay defendant's legal expenses. Oh, but about making money on your options trades during the class period. That shouldn't matter. You can probably join the class if you want. I've never seen a class-action where you needed to prove you lost money, they just want proof you owned (or bought) during the class period(s). David