SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Technology Stocks : TLAB info? -- Ignore unavailable to you. Want to Upgrade?


To: James R Mohr who wrote (3140)8/19/1998 3:51:00 PM
From: still learning  Respond to of 7342
 
The lawsuit would likely be over withholding material information regarding performance. In other words, if CIEN and/or TLAB knew they might have a shortfall earlier than they told the public (or knew a major order was never going to happen but mislead the public into thinking it would) then -- the theory goes -- they were guilty of creating an unfair playing field. This is especially problematic if any insider sold shares in the quarter. The class action firms try to use that as evidence that insiders sold before the bad news was out.

These suits are often very sketchy, and are simply filed whenever there's a large fluctuation in share price. In no way do I mean to imply that there's always a basis for them (or even often a basis). But they invariably get filed come hell or high water.



To: James R Mohr who wrote (3140)8/19/1998 3:54:00 PM
From: Gary Korn  Read Replies (1) | Respond to of 7342
 
how can there be a lawsuit since this all came out BEFORE the
shareholder vote?? i don't understand


James,

If a lawsuit were filed, your post (above) would be wonderful grist for the defense camp. Touche'! Even if arguments circumventing the pre-vote disclosure can be developed, the disclosure does take a lot of wind out of any such case, which I guess was one of Birck's objectives.

Gary Korn