To: iceburg who wrote (21175 ) 3/20/1999 7:19:00 AM From: Patrick Sharkey Respond to of 29386
Ice, I expect that the Brocade IPO will be a gold mine of information concerning product features, Brocade's approach to the marketplace and the reasons for its success, and in terms of discussion of what it is competing with, and the basis of that competition. I am looking forward to the comments of the more technically-oriented as they pick apart the S-1 share nuggets of information and analysis concerning where Ancor and Brocade stand in relation to one another. As to IPO timing from filing, through approval to the marketplace, our Firm's record for any IPO is 29 days, with the more normal time period being 60-90, and even longer, depending on many, many factors, including those having nothing to do with the content of the IPO. I agree with your observations about what the Brocade IPO discloses. If in 1998, 72% of $24 million was Sequent-related, and 11% related to McData/EMC, the rest of the market for Brocade was only 3.5 million, which is consistent with Ancor's dollar experience, although the type of product sold being a mix for Ancor. The Sequent deal looks like is has disappointed everyone, although perhaps the low gross volume cannot be compared to the initial Ancor announcement of up to $30 million in switches. The numbers for the first quarter also are interesting in the ramp being experienced with McData/EMC, consistent with what EMC has announced in terms of the fibre channel growth which it has experienced and continues to experience. I expect that Brocade has said everything that can be said in the S1 to avoid any future liability by way of recission or damage actions. IPO liability is based upon being wrong, or failing to dislose material facts without regard to one's state of mind, unlike Section 10b-5 liability, which is dependent on being wrong, by either affirmative misstatement or omission to state material facts, and either intentionally wrong or recklessly wrong in your disclosure. Generally, the remedy for IPO problems is recission of the IPO, while a Section 10b action involves damages.