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_______________
Copyright (c) 2001
Stanford Law School


Digitas, Inc.
Summary: According to the Company’s FORM 10-Q For The Quarterly Period Ended June 30, 2006, effective October 9, 2002, the claims against Digitas Inc.’s officers and directors were dismissed without prejudice. Effective February 19, 2003, the Section 10(b) claims against Digitas Inc. were dismissed. The terms of a settlement have been tentatively reached between the plaintiffs in the suits and most of the defendants, including Digitas Inc., with respect to the remaining claims. A court hearing on the fairness of the proposed settlement to the plaintiff class was held on April 24, 2006. To date the court has not issued its opinion on the proposed settlement. If the settlement is approved by the court, the settlement would resolve those claims against Digitas Inc. and is expected to result in no material liability to it.

The complaint alleges that defendants Digitas, Inc. and certain individuals violated the federal securities laws by issuing and selling Digitas common stock pursuant to the March 13, 2000 IPO without disclosing to investors that some of the underwriters in the offering, including the lead underwriters, had solicited and received excessive and undisclosed commissions from certain investors. The complaint alleges that, in exchange for the excessive commissions, joint lead underwriters Morgan Stanley & Co. Incorporated, Deutsche Bank Securities Inc., Salomon Smith Barney Inc., Banc of America Securities LLC and Bear, Stearns & Co. Inc. allocated Digitas shares to customers at the IPO price of $24.00 per share. To receive the allocations (i.e., the ability to purchase shares) at $24.00, the underwriters' brokerage customers had to agree to purchase additional shares in the aftermarket at progressively higher prices. The requirement that customers make additional purchases at progressively higher prices as the price of Digitas stock rocketed upward (a practice known on Wall Street as ``laddering'') was intended to (and did) drive Digitas's share price up to artificially high levels. This artificial price inflation, the complaint alleges, enabled both the underwriters and their customers to reap enormous profits by buying stock at the $24.00 IPO price and then selling it later for a profit at inflated aftermarket prices, which rose as high as $40 on March 14, 2000, its first day of trading, to close that day at $29.50. Rather than allowing their customers to keep their profits from the IPO, the complaint alleges, the underwriters required their customers to ``kick back'' some of their profits in the form of secret commissions. These secret commission payments were sometimes calculated after the fact based on how much profit each investor had made from his or her IPO stock allocation. The complaint further alleges that defendants violated the Securities Act of 1933 because the Prospectus distributed to investors and the Registration Statement filed with the SEC in order to gain regulatory approval for the Digitas offering contained material misstatements regarding the commissions that the underwriters would derive from the IPO transaction and failed to disclose the additional commissions and ``laddering'' scheme discussed above.

INDUSTRY CLASSIFICATION:
SIC Code: 8742
Sector: Services
Industry: Business Services


COMPANY/ISSUER NAME: Digitas, Inc.
COMPANY/ISSUER TICKER: DTAS
COMPANY WEBSITE: http://www.digitas.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Joseph J. Carrigan, et al., v. Digitas, Inc., et al.
 COURT: S.D. New York  DOCKET NUMBER: 01-CV-05948
 JUDGE NAME: Magistrate Judge Andrew J. Peck
 DATE FILED: 06/29/2001  SOURCE: Business Wires
 CLASS PERIOD START: 03/13/2000  CLASS PERIOD END: 06/26/2001
 TYPE OF COMPLAINT: Unamended/Unconsolidated
 PLAINTIFF FIRMS IN THIS OR SIMILAR CASE:
  • Bernstein Liebhard & Lifshitz LLP (New York, NY)
      10 E. 40th Street, 22nd Floor, New York, NY, 10016
       (voice) 800.217.1522, (fax) , info@bernlieb.com
  • Stull, Stull & Brody (New York)
      6 East 45th Street, New York, NY, 10017
       (voice) 310.209.2468, (fax) 310.209.2087, SSBNY@aol.com
  • Wechsler Harwood LLP
      488 Madison Avenue 8th Floor, New York, NY, 10022
       (voice) 212.935.7400, (fax) , info@whhf.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  3

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Type:  Date on the document: 

    REFERENCE COMPLAINT
    In Re Digitas, Inc. Initial Public Offering Securities Litigation
     COURT: S.D. New York  DOCKET NUMBER: 01-CV-05948
     JUDGE NAME: Hon. Shira A. Scheindlin
     DATE FILED: 04/19/2002  SOURCE: Business Wires
     CLASS PERIOD START: 03/13/2000  CLASS PERIOD END: 12/06/2000
     TYPE OF COMPLAINT: Consolidated and/or Amended
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Bernstein Liebhard & Lifshitz LLP (New York, NY)
      10 E. 40th Street, 22nd Floor, New York, NY, 10016
       (voice) 800.217.1522, (fax) , info@bernlieb.com
  • Milberg Weiss Bershad & Schulman LLP (New York)
      One Pennsylvania Plaza, 49th Floor, New York, NY, 10119
       (voice) 212.594.5300, (fax) 212.868.1229, info@milbergweiss.com
  • Milberg Weiss Bershad Hynes & Lerach LLP (New York, NY)
      One Pennsylvania Plaza, New York, NY, 10119-1065
       (voice) 212.594.5300, (fax) ,
  • Schiffrin & Barroway LLP
      3 Bala Plaza E, Bala Cynwyd, PA, 19004
       (voice) 610.667.7706, (fax) 610.667.7056, info@sbclasslaw.com
  • Sirota & Sirota LLP
      110 Wall Street 21st Floor, New York, NY, 10005
       (voice) 888.759.2990, (fax) 212.425.9093, Info@SirotaLaw.com
  • Stull, Stull & Brody (New York)
      6 East 45th Street, New York, NY, 10017
       (voice) 310.209.2468, (fax) 310.209.2087, SSBNY@aol.com
  • Wolf Haldenstein Adler Freeman & Herz LLP
      270 Madison Avenue, New York, NY, 10016
       (voice) 212.545.4600, (fax) 212.686.0114, newyork@whafh.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  7

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Consolidated Amended Class Action Complaint For Violations Of The Federal Securities Laws
    Type: Complaint Date on the document: 04/19/2002
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 01/20/2005

     OTHER DOCUMENTS
    Case Name and/or Number: 
    Type:  Date on the document: 

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