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Network Associates, Inc.
Summary: As recorded in the docket dated October 16, 2003, on January 8, 2003, the Court entered the Certified Copy of the Order from the Ninth Circuit Court of Appeals dismissing the plaintiff’s appeal.
According to Network Associates, Inc.’s Form 10-Q for the quarterly period ended June 30, 2001, Defendants filed a motion to dismiss on June 6, 2000. The Court granted in part and dismissed in part the motion to dismiss. The Court allowed only plaintiffs’ claims related to In-Process Research and Development to go forward and shortened the class period to April 6, 1999. Plaintiffs filed a First Amended Consolidated Complaint, and defendants filed an answer. In February 2001, the Company settled the class action. The amount of the settlement is $30 million and is being funded principally by the Company’s Directors and Officers insurance carriers. On May 21, 2001, the Court issued a Final Judgment approving the settlement agreement and dismissing with prejudice all claims asserted by the class. On June 19, 2001, a member of the class filed a Notice of Appeal in the District Court for Northern District of California, notifying the parties that he would appeal to the Ninth Circuit Court of Appeals to overturn the Court’s Final Judgment.
The complaint charges that during the Class Period the defendants, including NETA, violated the federal securities laws by misrepresenting and/or failing to disclose material information regarding Networks Associates' financial results and business prospects, giving the false impression that the Company's finances were accurately reported, that its business was healthy, its prospects good, and that it would earn in the range of $2.12 per share in 1999. These false statements caused the price of the Company's stock to be artificially inflated during the entire Class Period to levels as high as $67-11/16 per share and consistently above $30. The Individual Defendants, all of them senior executive officers of the Company, are also alleged to have taken advantage of such inflated stock prices and their insider knowledge of undisclosed adverse information, by selling almost $33 million of their Networks
Associates stock during the Class Period. When Networks Associates
belatedly revealed, among other things, that an SEC investigation had
uncovered improper accounting practices and that its first quarter 1999 earnings would be substantially less than previously indicated by the defendants and the First Call analyst consensus, the price of Networks Associates shares plummeted, and investors who purchased NETA were damaged thereby. Subsequently, the stock fell precipitously again when full year estimates were sharply reduced by NETA.
A similar purported class action was filed in the U.S. District Court for the Western District of Washington.
INDUSTRY CLASSIFICATION:
SIC Code: 7372
Sector: Technology
Industry: Software & Programming
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COMPANY/ISSUER NAME: |
Network Associates, Inc. |
| COMPANY/ISSUER TICKER: |
NETA |
| COMPANY WEBSITE: |
http://www.nai.com/ |
| FIRST IDENTIFIED COMPLAINT IN THE DATABASE |
| Frank W. Knisley, et al. v. Networks Associates, et al. |
| COURT: N.D. California | DOCKET NUMBER: 99-CV-01729 |
| JUDGE NAME: Hon. Susan Illston |
| DATE FILED: 04/07/1999 | SOURCE: Internet | | CLASS PERIOD START: 01/20/1998 | CLASS PERIOD END: 04/06/1999 | | TYPE OF COMPLAINT: Unamended/Unconsolidated | | PLAINTIFF FIRMS IN THIS OR SIMILAR CASE: |
Alfred G. Yates, Jr. 429 Forbes Avenue, Pittsburgh , PA, 15219
(voice) 412.391.5164, (fax) ,
Milberg, Weiss, Bershad, Hynes & Lerach LLP (San Diego, CA) 600 West Broadway, 1800 One America Plaza, San Diego, CA, 92101
(voice) 800.449.4900, (fax) , support@milberg.com
Milberg, Weiss, Bershad, Hynes & Lerach, LLP (S.F., CA) 100 Pine Street - Suite 2600, San Francisco, CA, 94111
(voice) 415.288.4545, (fax) 415.288.4534,
Scott & Scott LLC P.O. Box 192, 108 Norwich Avenue, Colchester, CT, 06415
(voice) 860.537.5537, (fax) 860.537.4432, scottlaw@scott-scott.com
Stevn E. Cauley, P.A. 2200 Rodney Parham Road Suite 218, Little Rock, AR, 72212
(voice) 501.312.8500, (fax) ,
_____________________________________________ TOTAL NUMBER OF PLAINTIFF FIRMS: 5 | | REFERENCE COMPLAINT | | Frank W. Knisley, et al. v. Networks Associates, et al. | | COURT: N.D. California | DOCKET NUMBER: 99-CV-01729 | | JUDGE NAME: Hon. William H. Alsup | | DATE FILED: 4/20/2000 | SOURCE: Business Wires | | CLASS PERIOD START: 01/20/1998 | CLASS PERIOD END: 04/06/1999 | | TYPE OF COMPLAINT: Consolidated and/or Amended | | PLAINTIFF FIRMS NAMED IN COMPLAINT: |
Alfred G. Yates, Jr. 429 Forbes Avenue, Pittsburgh , PA, 15219
(voice) 412.391.5164, (fax) ,
Milberg, Weiss, Bershad, Hynes & Lerach LLP (San Diego, CA) 600 West Broadway, 1800 One America Plaza, San Diego, CA, 92101
(voice) 800.449.4900, (fax) , support@milberg.com
Milberg, Weiss, Bershad, Hynes & Lerach, LLP (S.F., CA) 100 Pine Street - Suite 2600, San Francisco, CA, 94111
(voice) 415.288.4545, (fax) 415.288.4534,
Scott & Scott LLC P.O. Box 192, 108 Norwich Avenue, Colchester, CT, 06415
(voice) 860.537.5537, (fax) 860.537.4432, scottlaw@scott-scott.com
Stevn E. Cauley, P.A. 2200 Rodney Parham Road Suite 218, Little Rock, AR, 72212
(voice) 501.312.8500, (fax) ,
_____________________________________________ TOTAL NUMBER OF PLAINTIFF FIRMS: 5 | | | OTHER DOCUMENTS | | Complaint for the Violation of Federal Securities Laws |
| Case Name and/or Number: Wetzel v. Network Associates, et al |
| Type: Complaint | Date on the document: 04/07/1999 | | Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Estate of Lillian Herschkowitz v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/07/1999 | | Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Hallowell, et al. v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/08/1999 | | Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Klein v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/08/1999 | | Complaint for the Violation of Federal Securities Laws |
| Case Name and/or Number: Krim v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/09/1999 | | Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Bunson v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/09/1999 | | Complaint for Violation of Federal Securities Laws |
| Case Name and/or Number: Fine v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/12/1999 | | Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Maczo, et al. v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/12/1999 | | Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Pappas, et al. v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/13/1999 | | Certification by Lawyer Seeking to Serve as Class Counsel [Local Rule 3-7(d)] |
| Case Name and/or Number: Fine v. Network Associates, Inc., et al |
| Type: Other | Date on the document: 04/14/1999 | | Complaint for the Violation of Federal Securities Laws |
| Case Name and/or Number: Fulton v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/14/1999 | | Notice of Publication |
| Case Name and/or Number: Fine v. Network Associates, Inc., et al |
| Type: Notice | Date on the document: 04/14/1999 | | Complaint for the Violation of Federal Securities Laws |
| Case Name and/or Number: Shih v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/15/1999 | | Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Holtan v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/15/1999 | | Notice of Pendency of Other Actions or Proceedings Pursuant to Local Rule 3-13 |
| Case Name and/or Number: Fine v. Network Associates, Inc., et al |
| Type: Notice | Date on the document: 04/15/1999 | | Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Chan v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/20/1999 | | Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Beltran v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/21/1999 | | Corrected Complaint for Violation of the Federal Securities Laws |
| Case Name and/or Number: Herrera v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/26/1999 | | Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Goldsmith v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 04/27/1999 | | Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Conchado, et al. v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 05/05/1999 | | Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Fleming v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 05/07/1999 | | Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Casserly v. Network Associates, Inc., et al |
| Type: Complaint | Date on the document: 05/14/1999 | | CIVIL DO |
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