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_______________
Copyright (c) 2001
Stanford Law School


Hemispherx Biopharma, Inc.
Summary: According to a press release dated Novemer 10, 2009, Hemispherx is a biopharmaceutical company engaged in the clinical development, manufacture, marketing and distribution of new drug therapies based on natural immune system enhancing technologies for the treatment of viral and immune-based chronic disorders. The Company's products include Ampligen, an experimental drug undergoing clinical development for the treatment of chronic fatigue syndrome.

The complaint alleges that, during the Class Period, defendants misled investors regarding the status of Hemispherx's New Drug Application ("NDA") for Ampligen with the U.S. Food and Drug Administration ("FDA"). Specifically, defendants failed to disclose and misrepresented the fact that the FDA had requested several reports from the Company before the NDA could even be considered, thus delaying the possible approval of Ampligen by several months at a minimum. On November 2, 2009, when the Company belatedly disclosed this information, the per share price of Hemispherx's common stock dropped from $1.45 on the previous day to $1.13, a drop of more than 20%. The next day, one commenter characterized the November 2nd Company "update" as essentially an admission "that its prior public statements were false and misleading."

INDUSTRY CLASSIFICATION:
SIC Code: 2836
Sector: Healthcare
Industry: Biotechnology & Drugs


COMPANY/ISSUER NAME: Hemispherx Biopharma, Inc.
COMPANY/ISSUER TICKER: HEB
COMPANY WEBSITE: http://www.hemispherx.net

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
James Reid, et al. v. Hemispherx Biopharma, Inc., et al.
 COURT: E.D. Pennsylvania  DOCKET NUMBER: 09-CV-05262
 JUDGE NAME: Hon. Paul S. Diamond
 DATE FILED: 11/10/2009  SOURCE: 
 CLASS PERIOD START: 02/18/2009  CLASS PERIOD END: 10/30/2009
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Dyer & Berens LLP
      682 Grant Street, Denver, CO, 80203-3507
       (voice) 303.861.1764, (fax) 303.861.1764, contact@dyerberens.com
  • Holzer Holzer & Fistel, LLC (Atlanta)
      200 Ashford Center North, Suite 300, Atlanta, GA, 30338
       (voice) 770.392.0090, (fax) 770.392.0090,
  • Law Offices of Bernard M. Gross (Philadelphia)
      John Wanamaker Building; 100 Penn Square East, Suite 450, Philadelphia, PA, 19107
       (voice) 215.561.3600, (fax) 215.561.3600, susang@bernardmgross.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  3

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Complaint For Violations Of The Federal Securities Laws
    Type: Complaint Date on the document: 11/10/2009

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

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