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_______________
Copyright (c) 2001
Stanford Law School


Secure Computing Corporation
Conclusion: According to the firm's FORM 10-K For The Fiscal Year Ended December 31, 2002, in April 1999, purported securities class action complaints were filed in the United States District Court for the Northern District of California against the Company and certain of its officers and directors. Each complaint alleges that defendants made false and misleading statements about the Company's business condition and prospects during a purported class period of November 10, 1998 through March 31, 1999, and asserts claims for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and SEC Rule 10b-5. In July 2002, the Company reached a settlement of the class action complaint. In November 2002, the Court granted final approval of the settlement for $10.1 million. $2.8 million in cash will be covered by the Company's insurance. The $7.3 million balance of the settlement, reflected on the consolidated statement of operations as other non-recurring expense, will be contributed by the Company in common stock or in a combination of common stock and cash at the date of distribution. The final allocation of the contribution will be determined by us at our sole option. Distribution of the settlement is anticipated sometime in mid-2003.

The original Complaint alleges that during the Class Period, the defendants, consisting of Secure Computing and certain of its officers and directors, violated the federal securities laws by issuing false and misleading statements which caused Secure Computing's stock price to be artificially inflated during the Class Period. The Complaint alleges that, in order to allow the Company's top insiders to dispose of their stock valued at more than $6 million, the defendants artificially inflated Secure Computing's stock price to a Class Period high of $28 in January 1999 before the true facts about Secure Computing's dismal operating results and diminishing prospects became known to the public and the stock plummeted to as low as $5 9/16 per share.

INDUSTRY CLASSIFICATION:
SIC Code: 3577
Sector: Technology
Industry: Software & Programming


COMPANY/ISSUER NAME: Secure Computing Corporation
COMPANY/ISSUER TICKER: SCURZ
COMPANY WEBSITE: http://www.sctc.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Myron Goldstein, et al. v. Secure Computing Corporation, et al.
 COURT: N.D. California  DOCKET NUMBER: 99-CV-01927
 JUDGE NAME: Hon. Claudia Wilken
 DATE FILED: 04/02/1999  SOURCE: Internet
 CLASS PERIOD START: 11/10/1998  CLASS PERIOD END: 03/31/1999
 TYPE OF COMPLAINT: Unamended/Unconsolidated
 PLAINTIFF FIRMS IN THIS OR SIMILAR CASE:
  • Dyer, Donnelly & Lilly
      , , ,
       (voice) , (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
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Complaint for Violation of the Securities Exchange Act of 1934
    Type: Complaint Date on the document: 04/02/1999
    Docket
    Type: Docket Date on the document: 04/07/1999
    Declaration Of Alison M. Tattersall In Support Of The Goldstein Plaintiffs Group's (1) Motion To Be Appointed Lead Plaintiff Pursuant To Section 21D(a)(3)(B) Of The Securities Exchange Act Of 1934 And For Approval Of Lead Plaintiff's Choice Of Counsel; And (2) Motion To Consolidate For All Purposes Six Related Actions Against Secure Computing Corporation
    Type: Declaration Date on the document: 06/01/1999
    Notice Of Motion And Motion And Memorandum Of Points And Authorities In Support Of The Goldstein Plaintiffs Group's Motion To Consolidate For All Purposes Six Related Actions Against Secure Computing Corporation
    Type: Notice Date on the document: 06/01/1999
    The Goldstein Plaintiffs Group's Notice Of Motion And Motion And Memorandum Of Points And Authorities In Support Of Motion To Be Appointed Lead Plaintiff Pursuant To Section 21D(A)(3)(B) Of The Securities Exchange Act Of 1934 And For Approval Of Lead Plaintiff's Choice Of Counsel
    Type: Notice Date on the document: 06/01/1999

    REFERENCE COMPLAINT
    In Re: Secure Computing Corporation Securities Litigation
     COURT: N.D. California  DOCKET NUMBER: 99-CV-01927
     JUDGE NAME: Hon. Claudia Wilken
     DATE FILED: 08/18/2000  SOURCE: Business Wires
     CLASS PERIOD START: 11/10/1998  CLASS PERIOD END: 03/31/1999
     TYPE OF COMPLAINT: First Amended
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Cohen Milstein Hausfeld & Toll PLLC (Seattle WA)
      701 Fifth Avenue, Suite 6860, Seattle, WA, 98014
       (voice) 206.521.0080, (fax) 206.521.0166, lawinfo@cmht.com
  • Dyer & Shuman, LLP
      801 E. 17th Avenue, Denver, CO, 80218-1417
       (voice) 303.861.3003, (fax) 800.711.6483, info@dyershuman.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,
  • 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 (Seattle, WA)
      1001 Fourth Avenue - Suite 3200, Seattle, WA, 98154
       (voice) 206.839.0730, (fax) ,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  5

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Consolidated Complaint For Violation Of The Securities Exchange Act Of 1934
    Type: Complaint Date on the document: 12/16/1999
    Corrected Consolidated Complaint For Violation Of The Securities Exchange Act Of 1934
    Type: Complaint Date on the document: 01/07/2000
    Plaintiffs' Reply In Support Of Counter-Motion To Strike The Declaration Of Defendant Timothy P. Mcgurran And All References Thereto
    Type: Other Date on the document: 05/25/2000
    Plaintiffs' Statement Of Supplemental Material In Further Support Of Their Opposition To Defendants' Motion To Dismiss
    Type: Other Date on the document: 06/06/2000
    First Amended Complaint For Violation Of The Securities Exchange Act Of 1934
    Type: Complaint Date on the document: 08/18/2000
    Notice Of Pendency And Proposed Settlement Of Class Action
    Type: Notice Date on the document: 08/09/2002
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 12/05/2002

     OTHER DOCUMENTS
    Complaint For Violation Of The Securities Exchange Act Of 1934
    Case Name and/or Number: Preiner, et al. v. Secure Computing Corp., et al.
    Type: Complaint Date on the document: 04/12/1999
    Class Action Complaint For Violation Of Federal Securities Laws - Jury Trial Demand
    Case Name and/or Number: Silverberg, et al. v. Secure Computing Corporation, et al.
    Type: Complaint Date on the document: 04/16/1999
    Complaint For Violation Of The Securities Exchange Act Of 1934
    Case Name and/or Number: Rosenquist, et al. v. Secure Computing Corp., 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: Freedenberg, et al. v. Secure Computing Corp., et al.
    Type: Complaint Date on the document: 04/20/1999

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