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_______________
Copyright (c) 2001
Stanford Law School


E.piphany, Inc.
Summary: On August 5, 2004, the Court entered the Order by U.S. District Judge Vaughn R. Walker dismissing the case in accordance with the Plaintiff’s Notice of Voluntary Dismissal originally filed on July 28, 2004. The case is closed.

The complaint alleges that E.piphany and certain of its officers and directors violated the Securities Exchange Act of 1934 by concealing information and misleading shareholders during the Class Period. More specifically, the complaint alleges that defendants concealed from the investing public industry research reports that were republished by E.piphany's with false statements regarding its technology. E.piphany cited these misleading reports in press releases, on their Web site, and in other public statements. By deliberately misleading industry analysts, then bolstering its marketing efforts by relying on their reports, E.piphany's conduct further perpetuates the "all Java" and "fully J2EE" myths, further inducing customers to buy their products through the deceptive means described herein. This, in turn, allowed E.piphany to generate fraudulent revenue. The complaint also alleges that E.piphany made literally false, misleading, and deceptive representations, both oral and written, regarding its products to investors and potential investors, industry analysts, and customers to increase sales and stock prices. E.piphany's false, deceptive, and misleading representations are material in that they have a natural tendency to influence, or are capable of influencing, purchasing decisions, and they relate to the essential characteristics, quality, and/or nature of competing products and commercial activities, including value, compatibility, interoperability, and quality. As a result of the defendants' false statements, E.piphany's stock price traded at inflated levels during the Class Period, increasing to as high as $9.13 on February 2, 2002, whereby the Company's top officers and directors sold more than $1.4 million worth of their own shares.

Note: E.piphany develops and markets software. The Company's products are used by companies to establish, maintain, and continually improve customer relationships across both Internet and traditional sales, marketing, and distribution channels. E.piphany's integrated sets of software solutions provide capabilities for analysis of customer data and marketing campaign management.

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


COMPANY/ISSUER NAME: E.piphany, Inc.
COMPANY/ISSUER TICKER: EPNY
COMPANY WEBSITE: http://www.epiphany.com/

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Jorge Leal, et al. v. E.piphany, Inc., et al.
 COURT: N.D. California  DOCKET NUMBER: 04-CV-2616
 JUDGE NAME: Hon. Vaughn R. Walker
 DATE FILED: 06/29/2004  SOURCE: Business Wires
 CLASS PERIOD START: 04/18/2002  CLASS PERIOD END: 04/03/2004
 TYPE OF COMPLAINT: Unamended/Unconsolidated
 PLAINTIFF FIRMS IN THIS OR SIMILAR CASE:
  • Bruce G. Murphy
      265 Llwyds Lane, Vero Beach La, FL, 32963
       (voice) 561.231.4202, (fax) ,
  • Lerach Coughlin Stoia Geller Rudman & Robbin (San Francisco)
      100 Pine Street, Suite 2600, San Francisco, CA, 94111
       (voice) 415.288.4545, (fax) 415.288.4534, info@lerachlaw.com
  • Lerach Coughlin Stoia Geller Rudman & Robbins (San Diego)
      401 B Street, Suite 1700, San Diego, CA, 92101
       (voice) 619.231.1058, (fax) 619.231.7423, info@lerachlaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  3

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint
    Type: Complaint Date on the document: 06/29/2004
    Notice Of Voluntary Dismissal Pursuant To Fed. R. CIV. P. 41(a)(1)
    Type: Notice Date on the document: 07/30/2004
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 07/30/2004

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

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