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WOLF POPPER CHARGES GEMSTAR
District Court Sustains Securities Claims on Behalf of
TyCom Ltd. Investors
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On September 2, 2005, the U.S.
District Court for the District of New Hampshire entered a Memorandum and Order
that sustained in substantial part securities claims asserted against Tyco
International Ltd., L. Dennis Kozlowski and Mark H. Swartz, among others. The
action, which is being prosecuted by Wolf Popper LLP, relates to the Initial
Public Offering of 70.3 million shares of TyCom Ltd. common stock (a Tyco
subsidiary) at $32 a share on July 26, 2000. The action is on behalf of all
persons who purchased TyCom common stock on that initial Offering or on the open
market between July 26, 2000 and December 17, 2001.
The District Court determined, in
denying in substantial part defendants’ motion to dismiss, that plaintiff’s
complaint sufficiently pleads claims under the federal securities laws that the
Registration Statement for the Offering and defendants’ other public statements
during the Class Period were materially false and misleading because they
misrepresented (i) the demand for bandwidth and (ii) that swaps of capacity with
other companies were “sales” that qualified for revenue recognition.
Investors seeking more information on
this action may contact Robert C. Finkel, Wolf Popper LLP, 845 Third Avenue,
New York, NY 10022, T. 212.451.9620; email:
irrep@wolfpopper.com.
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