NetManage, Inc. - Securities Class Action

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_______________
Copyright (c) 2001
Stanford Law School

NetManage, Inc. Conclusion: According to the Company’s Form 10-K for the fiscal year ended December 31, 2000, the federal court certified the purported class. On December 30, 1998, the federal court granted without leave to amend the defendant's motion to dismiss the second amended complaint in the Head federal action. Plaintiffs filed a notice of appeal to the U.S. Court of Appeals for the Ninth Circuit. On February 2, 1999, the federal court dismissed with prejudice the Beasley action pursuant to its order in the Head action. The individual cases of Head, Molinari, Beasley,& Interactive Data were consolidated into NetManage I (federal claims) and NetManage II (state claims). In November 2000, all were collectively settled, with no admission of guilt, for a cash payment of $5.1 million by NetManage's insurance carriers.

The complaint charges NetManage and certain of its officers and directors with violations of the federal securities laws, which violations involve the issuance of false financial statements and other positive statements, combined with massive insider trading by the individual defendants. The individual defendants sold 715,999 shares of their NetManage stock at artificially inflated prices as high as $24-1/8 per share, pocketing more than $14 million dollars in illegal insider trading proceeds, before the truth concerning NetManage's business and finances was revealed and NetManage's stock price, which had traded as high as $34 per share during the Class Period, collapsed to as low as $10. In addition, defendants used the inflated share value of NetManage stock to acquire other inter-networking software companies.

INDUSTRY CLASSIFICATION:
SIC Code: 7372
Sector: Technology
Industry: Software & Programming

COMPANY/ISSUER NAME:	NetManage, Inc.
COMPANY/ISSUER TICKER:	NETM
COMPANY WEBSITE:	http://www.netmanage.com/

FIRST IDENTIFIED COMPLAINT IN THE DATABASE

Walter W. Head, III, et al. v. Netmanage, Inc., et al.

COURT: N.D. California	DOCKET NUMBER: 97-CV-4385
JUDGE NAME: Judge Charles R. Breyer
DATE FILED: 01/10/1997	SOURCE: Internet
CLASS PERIOD START: 07/25/1995	CLASS PERIOD END: 01/11/1996
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) , Faruqi & Faruqi LLP 320 East 39th Street, New York, NY, 10016 (voice) 212.983.9330, (fax) 212.983.9331, Nfaruqi@faruqilaw.com 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 Schiffrin & Barroway LLP 3 Bala Plaza E, Bala Cynwyd, PA, 19004 (voice) 610.667.7706, (fax) 610.667.7056, info@sbclasslaw.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: 5

DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
Complaint for Violation of the Securities Exchange Act of 1934
Type: Complaint		Date on the document: 01/17/1997
Declaration of Kimberly Cornell Epstein in Support of Moving Plaintiffs' Reply to Defendants' Response to Motions for Appointment of Lead Plaintiff and Lead Counsel
Type: Declaration		Date on the document: 04/07/1997
Moving Plaintiffs' Reply to Defendants' Response to Motions for Appointment of Lead Plaintiff and Lead Counsel
Type: Motion		Date on the document: 04/07/1997
Declaration of Tracy L. Tosh in Support of Motion To Dismiss of Defendants Netmanage, Alon, Amaral, Galil, Bosch, And Williams
Type: Declaration		Date on the document: 07/15/1997
Motion to Dismiss of Defendants NetManage, Alon, Amaral, Galil, Bosch, and Williams
Type: Motion		Date on the document: 07/15/1997
Declaration of Tracy L. Tosh in Support of Defendants Motion to Preserve the Mandatory Discovery Stay of the Private Securities Litigation Reform Act of 1995
Type: Declaration		Date on the document: 08/11/1997
Defendants' Motion To Preserve And Enforce The Mandatory Discovery Stay Of The Private Securities Litigation Reform Act Of 1995
Type: Motion		Date on the document: 08/18/1997

REFERENCE COMPLAINT

Walter W. Head, III, et al. v. Netmanage, Inc., et al.

COURT: N.D. California	DOCKET NUMBER: 97-CV-4385
JUDGE NAME: Hon. James Ware
DATE FILED: 05/18/1998	SOURCE: Business Wires
CLASS PERIOD START: 07/25/1995	CLASS PERIOD END: 01/11/1996
TYPE OF COMPLAINT: Second Amended
PLAINTIFF FIRMS NAMED IN COMPLAINT:
Alfred G. Yates, Jr. 429 Forbes Avenue, Pittsburgh , PA, 15219 (voice) 412.391.5164, (fax) , Faruqi & Faruqi LLP 320 East 39th Street, New York, NY, 10016 (voice) 212.983.9330, (fax) 212.983.9331, Nfaruqi@faruqilaw.com 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 Schiffrin, Craig & Barroway 3 Bala Plaza, East, Suite 400, Bala Cynwyd, PA, 19004 (voice) 610-667-7706, (fax) , _____________________________________________ TOTAL NUMBER OF PLAINTIFF FIRMS: 4

DOCUMENTS FOR THE REFERENCE COMPLAINT
Declaration Of James A. Caputo In Support Of Plaintiffs' Opposition To Defendants' Motion To Enforce The Mandatory Discovery Stay Of The Private Securities Litigation Reform Act Of 1995
Type: Declaration		Date on the document: 09/29/1997
Plaintiffs' Opposition to Defendants' Motion To Enforce the Mandatory Discovery Stay of the Private Securities Litigation Reform Act of 1995
Type: Motion		Date on the document: 09/29/1997
Declaration of Ignacio E. Salceda in Support of Defendants' Motion To Dismiss Amended Complaint
Type: Declaration		Date on the document: 10/15/1997
Defendants' Notice of Motion and Memorandum of Points and Authorities in Support of Motion To Dismiss the Amended Complaint
Type: Notice		Date on the document: 10/15/1997
Declaration of Ignacio E. Salceda in Support of Defendants' Motion To Preserve and Enforce the Mandatory Discovery Stay of the Private Securities Litigation Reform Act of 1995
Type: Declaration		Date on the document: 10/20/1997
Defendants' Reply Memorandum in Support of Motion To Preserve and Enforce the Mandatory Discovery Stay of the Private Securities Litigation Reform Act of 1995
Type: Motion		Date on the document: 10/20/1997
Declaration of Travis E. Downs, III in Support of Plaintiffs' Opposition to Defendants' Motion To Dismiss the Amended Complaint
Type: Declaration		Date on the document: 12/10/1997
Notice Of Motion And Motion To (1) Strike Defendants' References To The Contents Of Their "Public Records" Or, In The Alternative; (2) Plaintiffs' Objection To The Court's Taking Judicial Notice Of Same; Supporting Memorandum Of Points And Authorities
Type: Notice		Date on the document: 12/10/1997
Plaintiffs' Opposition to Defendants' Motion To Dismiss Amended Complaint
Type: Motion		Date on the document: 12/10/1997
Plaintiffs' Reply To Defendants' Opposition To Motion To Strike And Objections To Judicial Notice
Type: Motion		Date on the document: 02/13/1998
Plaintiffs' Reply to Defendants' Opposition to Motion To Strike and Objections to Judicial Notice
Type: Motion		Date on the document: 02/19/1998
Order [granting defendants' motion to dismiss amended complaint]
Type: Order		Date on the document: 02/24/1998
Second Amended Complaint For Violations Of The Securities Exchange Act Of 1934
Type: Complaint		Date on the document: 05/15/1998
Declaration of Ignacio E. Salceda in Support of Defendants' Motion To Dismiss Second Amended Complaint
Type: Declaration		Date on the document: 07/22/1998
Defendants' Notice of Motion and Memorandum of Points and Authorities in Support of Motion To Dismiss Second Amended Complaint
Type: Notice		Date on the document: 07/22/1998
Declaration Of Travis E. Downs, III, In Support Of Plaintiffs' Opposition To Defendants' Motion To Dismiss The Second Amended Complaint
Type: Declaration		Date on the document: 09/24/1998
Plaintiffs' Opposition To Defendants' Motion To Dismiss The Second Amended Complaint
Type: Motion		Date on the document: 09/24/1998
Supplemental Brief In Support Of Plaintiffs' Motion To (1) Strike Defendants' References To The Contents Of Their "Public Records," Or, In The Alternative, (2) Plaintiffs' Objections To The Court's Taking Judicial Notice Of Same
Type: Brief		Date on the document: 09/24/1998
Defendants' Reply Memorandum of Points and Authorities in Support of Motion To Dismiss Second Amended Complaint
Type: Motion		Date on the document: 11/03/1998
Defendants' Supplemental Opposition to Plaintiffs' Motion To Strike SEC Filings
Type: Motion		Date on the document: 11/03/1998
Memorandum and Order [granting motion to dismiss without leave to amend]
Type: Order		Date on the document: 12/30/1998
CIVIL DOCKET FOR CASE #: 97-CV-4385
Type: Docket		Date on the document: 12/30/1999
Litigants
Type: Other		Date on the document: 12/30/1999
US District Court Civil Docket
Type: Docket		Date on the document: 11/09/2000

OTHER DOCUMENTS
Class Action Complaint for Damages Based Upon: (1) Violation of Cal. Corp. Code §§25400 and 25500; (2) Violation of Cal. Civ. Code §§1709-1710; (3) Violation of Cal. Bus. & Prof. Code §§17200, Et Seq.
Case Name and/or Number: Walter W. Head, III, et al. v. NetManage, Inc., et al
Type: Complaint		Date on the document: 01/09/1997
Class Action Complaint for Damages Based Upon: (1) Violation of Cal. Corp. Code §§25400 and 25500; (2) Violation of Cal. Civ. Code §§1709-1710; and (3) Cal. Bus. & Prof. Code §§17200, et seq.
Case Name and/or Number: Interactive Data Systems, et al. v. NetManage, Inc., et al
Type: Complaint		Date on the document: 03/21/1997
Class Action Complaint for Violation of the Securities Exchange Act of 1934
Case Name and/or Number: Joseph Molinari, Jr., et al., v. NetManage, Inc., et al
Type: Complaint		Date on the document: 06/20/1997
Notice Of Motion And Motion To Be Appointed Lead Plaintiffs Under §21D(a)(3)(B) Of The Securities Exchange Act Of 1934 And For Appointment Of Lead Plaintiffs' Selection Of Lead Counsel, And Supporting Memorandum Of Points And Authorities
Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al
Type: Notice		Date on the document: 08/15/1997
Notice Of Motion And Motion To Be Appointed Lead Plaintiffs Under §21D(a)(3)(B) Of The Securities Exchange Act Of 1934 And For Appointment Of Lead Plaintiffs' Selection Of Lead Counsel, And Supporting Memorandum Of Points And Authorities
Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al
Type: Declaration		Date on the document: 08/15/1997
Class Action Complaint and Demand for Jury Trial
Case Name and/or Number: Murray W. Beasley, et al. v. NetManage, Inc., et al.
Type: Complaint		Date on the document: 09/10/1997
Declaration of James A. Caputo in Support of Moving Plaintiffs' Reply to Defendants' Opposition to Motion for Appointment of Lead Plaintiff and Lead Counsel
Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al
Type: Declaration		Date on the document: 09/22/1997
Defendants' Memorandum Of Points And Authorities Re: (1) Plaintiff Molinari's Motion For Appointment As Lead Plaintiff And Lead Plaintiff's Counsel; (2) Opposition To Motion Of Putative Plaintiffs Malcomson, Bloom, Jabro, And Lattanzi For Appointment As Lead Plaintiffs
Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al
Type: Other		Date on the document: 09/22/1997
Moving Plaintiffs' Reply to Defendants' Opposition to Motion for Appointment of Lead Plaintiff and Lead Counsel
Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al
Type: Motion		Date on the document: 09/22/1997
Defendants' Notice of Motion, Motion, and Memorandum in Support of Motion To Dismiss the Complaint
Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al
Type: Notice		Date on the document: 11/20/1997
First Amended Complaint for Violation of the Securities Exchange Act of 1934
Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al
Type: Complaint		Date on the document: 01/08/1998
CIVIL DOCKET FOR CASE #: 98-CV-1794
Case Name and/or Number: Beasley, et al. v. NetManage, Inc., et al .
Type: Docket		Date on the document: 05/05/1998
Litigants
Case Name and/or Number: Beasley, et al. v. NetManage, Inc., et al.
Type: Other		Date on the document: 05/05/1998
Defendants' Opposition to Plaintiff's Motion To Strike References in the Motion To Dismiss to Exhibits C, D, and E of the Mitchells Declaration Declaration and References to Defendants' SEC Filings
Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al
Type: Motion		Date on the document: 11/03/1998
Defendants' Reply Memorandum in Support of Their Motion To Dismiss the Second Amended Complaint
Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al
Type: Motion		Date on the document: 11/03/1998
CIVIL DOCKET FOR CASE #: 98-CV-202
Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al
Type: Docket		Date on the document: 12/30/1998
Litigants
Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al
Type: Other		Date on the document: 12/30/1998
Order [granting motion to dismiss without leave to amend]
Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al
Type: Order		Date on the document: 12/30/1998
CIVIL DOCKET FOR CASE #: 98-CV-203
Case Name and/or Number: Sucher, et al v. Alon, et al
Type: Docket		Date on the document: 01/14/1999
Litigants
Case Name and/or Number: Sucher, et al v. Alon, et al
Type: Other		Date on the document: 01/14/1999

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