To: Mark Fowler who wrote (12903 ) 8/8/1998 2:32:00 PM From: Glenn D. Rudolph Read Replies (1) | Respond to of 164684
Suit alleges Kos violated securities laws Reuters Story - August 07, 1998 16:06 %DRU %US KOSP V%REUTER P%RTR CHICAGO, Aug 7 (Reuters) - A lawsuit was filed against Kos Pharmaceuticals Inc. and certain officers and directors of the specialty drug company charging violation of securities laws, attorneys for some shareholders said on Friday. The suit, filed in U.S. District Court for the Northern District of Illinois on August 5, charges the company and its officers filed a false and misleading registration statement with the Securities and Exchange Commission and issued a false and misleading prospectus to the investing public. In addition, the suit charges that the company and its officers made material misstatements and omissions of fact in quarterly and annual SEC filings and press releases. The lawsuit was filed on behalf of Oxford Asset Management Ltd. and all individuals who bought shares of Kos common stock between July 29, 1997 and Nov. 13, 1997. Attorneys are seeking class status for the suit, said Arthur Susman, one of the attorneys for Oxford. Specifically, the complaint alleges that defendants made material misrepresentations and omissions to the investing public regarding the safety, efficacy and sales volume for Niaspan, which, at the time, was Kos' only product. On November 12, 1997, Kos' share price tumbled 14-5/16 to 16-5/8 after the company reported a first quarter loss wider than the same period a year earlier. At that time, Kos attributed the loss to expenses associated with the establishment of a sales force and the initiation of physician awareness programs to support the recently approved Niaspan. Niaspan is an extended-release niacin prescription product used to manage cholesterol levels. Kos, based in Miami, Florida, is a specialty pharmaceutical company which develops prescription drugs to treat chronic cardiovascular and respiratory diseases. A Kos spokesman said the company expects to issue a statement later today. Shares of Kos were trading off 9/16 to 8-5/16.