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_______________
Copyright (c) 2001
Stanford Law School


Cylink Corporation
Conclusion: According to the docket posted, on July 28, 2003, the Court entered the Order by U.S. District Judge Vaughn R. Walker granting the motion for final approval of the class settlement. The Plaintiffs’ motion for expenses and sanctions was terminated, and the Plaintiffs' motion for an order authorizing distribution of net settlement fund to class members was granted. That same day, Final Judgment was entered, and the case terminated.

As reported by the Company’s FORM 10-Q/A for the quarterly period ended September 29, 2002, on October 16, 2002, Cylink entered into an agreement with all plaintiffs to settle the class action for $6.2 million. The settlement amount will be paid entirely from insurance proceeds under insurance policies held by Cylink. The settlement agreement is subject to approval by the United States District Court for the Northern District of California, and Cylink expects that the settlement agreement will be approved in March 2003.

Several securities class action complaints were filed against Cylink and certain of its current and former directors and officers in federal courts in California. These complaints allege, among other things, that Cylink's previously issued financial statements were materially false and misleading and that the defendants knew or should have known that these financial statements caused its common stock price to rise artificially. The complaints also allege violations of Section 10(b) of the Securities Exchange Act of 1934, as amended, and Rule 10b-5 promulgated thereunder, and Section 20 of the Exchange Act. The securities class action lawsuits have been ordered consolidated into a single action pending in the United States District Court for the Northern District of California, captioned In Re Cylink Securities Litigation, No. C98-4292 (VRW).

The original Complaint alleges that during the Class Period defendants continuously disseminated materially false and misleading statements regarding the Company's current financial performance and business conditions. Specifically, the defendants published false and misleading financial statements, including financial statements that overstated first quarter 1998 revenue by approximately $5.0 million and second quarter 1998 revenue by approximately $6.7 million. The defendants also failed to disclose that there were substantial operating losses for the first and second quarter 1998, and that the Company's accounting practices throughout the Class Period failed to conform with generally accepted accounting principles ("GAAP").

INDUSTRY CLASSIFICATION:
SIC Code: 3577
Sector: Services
Industry: Security Systems & Services


COMPANY/ISSUER NAME: Cylink Corporation
COMPANY/ISSUER TICKER: CYLK
COMPANY WEBSITE: http://www.cylink.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Wenderhold, et al. v. Cylink Corporation, et al.
 COURT: N.D. California  DOCKET NUMBER: 98-CV-04292
 JUDGE NAME: Hon. Vaughn R. Walker
 DATE FILED: 11/06/1998  SOURCE: Internet
 CLASS PERIOD START: 04/01/1998  CLASS PERIOD END: 11/05/1998
 TYPE OF COMPLAINT: Unamended/Unconsolidated
 PLAINTIFF FIRMS IN THIS OR SIMILAR CASE:
  • Stull, Stull & Brody (Los Angeles)
      10940 Wilshire Boulevard - Suite 2300, Los Angeles, CA, 90024
       (voice) 310.209.2468, (fax) ,
  • Stull, Stull & Brody (New York)
      6 East 45th Street, New York, NY, 10017
       (voice) 310.209.2468, (fax) 310.209.2087, SSBNY@aol.com
  • Weiss & Yourman (Los Angeles, CA)
      10940 Wilshire Blvd - 24th Floor, Los Angeles, CA, 90024
       (voice) 310.208.2800, (fax) 310.209.2348, info@wyca.com
  • Weiss & Yourman (New York, NY)
      The French Building, 551 Fifth Ave., Suite 1600, New York, NY, 10126
       (voice) 212.682.3025, (fax) 212.682.3010, info@wyca.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  4

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint for the Violation of Federal Securities Laws
    Type: Complaint Date on the document: 11/06/1998
    The Class Member Movants' Notice Of Motion And Motion To Appoint Certain Of The Class Member Movants As Lead Plaintiffs Pursuant To §21D(a)(3)(B) Of The Securities Exchange Act Of 1934 And For Approval Of Lead Plaintiffs' Selection Of Counsel
    Type: Motion Date on the document: 01/04/1999
    Declaration Of James Jay Seirmarco In Support Of Plaintiffs' Motion To Consolidate And The Class Member Movants' Motion For Appointment Of Lead Plaintiff And Approval Of Lead Plaintiffs' Scienter Of Lead Counsel
    Type: Other Date on the document: 01/05/1999
    The Class Member Movants' Notice of Motion and Motion To Consolidate Cases for All Purposes
    Type: Motion Date on the document: 01/05/1999
    Declaration of Steve S. Nikkhou in Support of Defendants' Memorandum in Opposition to Plaintiffs' Motions To Consolidate & To Appoint Lead Plaintiffs & Lead Counsel
    Type: Declaration Date on the document: 01/22/1999
    Defendants' Memorandum in Opposition to Plaintiffs' Motions To Consolidate and To Appoint Lead Plaintiffs and Lead Counsel
    Type: Other Date on the document: 01/22/1999
    Order [re 2/12/99 conference to discuss consolidation and lead plaintiff motions]
    Type: Order Date on the document: 01/26/1999
    Class Member Movants' Reply Memorandum In Support Of Motion To Appoint Certain Of The Class Member Movants As Lead Plaintiffs Pursuant To § 21D(a)(3)(B) Of The Securities Exchange Act Of 1934 And For Approval Of Lead Plaintiffs' Selection Of Counsel
    Type: Other Date on the document: 01/29/1999
    CIVIL DOCKET FOR CASE #: 98-CV-4292
    Type: Docket Date on the document: 03/31/1999
    Order [provisionally certifying class and appointing lead plaintiff]
    Type: Order Date on the document: 09/03/1999
    Order [rejecting bid for class counsel designation]
    Type: Order Date on the document: 10/06/1999
    Order [denying requests for record modification and preferential bidding treatment]
    Type: Order Date on the document: 11/05/1999
    Order [re lead counsel appointment]
    Type: Order Date on the document: 02/04/2000
    Order assigning lead counsel (.pdf file)
    Type: Order Date on the document: 02/17/2000

    REFERENCE COMPLAINT
    In Re: Cylink Corporation Securities Litigation
     COURT: N.D. California  DOCKET NUMBER: 98-CV-04292
     JUDGE NAME: Hon. Vaughn R. Walker
     DATE FILED: 12/06/2000  SOURCE: Business Wires
     CLASS PERIOD START: 04/01/1998  CLASS PERIOD END: 11/05/1998
     TYPE OF COMPLAINT: Consolidated and/or Amended
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Innelli and Molder
      325 Chestnut Street, Suite 903, Philadelphia, PA, 19106
       (voice) 215.627.3394, (fax) 215.627.3397, admin@innellilaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Order
    Type: Order Date on the document: 11/06/2000
    Certificate of Service for Rosemarie Dean
    Type: Other Date on the document: 01/29/2001
    Declaration Of Maura L. Rees In Support Of Motion To Dismiss Amended Consolidated Complaint By Cylink Corporation And Fernand Sarrat
    Type: Declaration Date on the document: 01/29/2001
    Notice Of Motion And Motion To Dismiss Amended Consolidated Complaint By Cylink Corporation And Fernand Sarrat; Memorandum Of Points And Authorities
    Type: Notice Date on the document: 01/29/2001
    [Proposed] Order Granting Motion To Dismiss Amended Consolidated Complaint By Cylink Corporation And Fernand Sarrat Without Leave To Amend
    Type: Order Date on the document: 01/29/2001
    Certificate of Service
    Type: Other Date on the document: 03/26/2001
    Declaration Of Maura L. Rees In Support Of Reply Brief Re: Motion To Dismiss Amended Consolidated Complaint By Cylink Corporation And Fernand Sarrat
    Type: Declaration Date on the document: 03/26/2001
    Reply Memorandum in Support of Motion to Dismiss Amended Consolidated Complaint by Cylink Corporation and Fernand Sarrat
    Type: Motion Date on the document: 03/26/2001
    Opposition To Lead Plaintiff’s Motion To Compel Non-Party Deloitte & Touche To Produce Documents
    Type: Other Date on the document: 08/22/2002
    Stipulation and Agreement of Settlement
    Type: Settlement Date on the document: 10/16/2002
    Defendants Cylink Corporation And Fernand Sarrat’s Statement Of Nonopposition To Lead Plaintiff’s Motion For Preliminary Approval Of Class Action Settlement And Submission Of Alternate Proposed Order And Final Judgment
    Type: Other Date on the document: 11/12/2002
    Supplemental Declaration Of David J. Ross
    Type: Declaration Date on the document: 03/20/2003
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 08/01/2003

     OTHER DOCUMENTS
    Securities Fraud Class Action Complaint
    Case Name and/or Number: Lerner v. Cylink Corporation, et al.
    Type: Complaint Date on the document: 11/06/1998
    Class Action Complaint for Violation of the Federal Securities Laws
    Case Name and/or Number: Poling v. Cylink Corporation, et al.
    Type: Complaint Date on the document: 11/09/1998
    Class Action Complaint for Violation of the Securitees Exchange Act of 1934 and Jury Demand
    Case Name and/or Number: Balkheimer v. Cylink Corp., et al.
    Type: Complaint Date on the document: 11/10/1998
    Class Action Complaint
    Case Name and/or Number: Silberman v. Cylink Corporation, et al.
    Type: Complaint Date on the document: 11/25/1998

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