According to the latest docket posted, on September 14, 2005, the Court entered the Orders granting the motions for Preliminary Approval of a Proposed Settlement and approval of lead counsels' application for award of attorneys’ fees and reimbursement of expenses. The Class counsel was awarded attorneys fees in the amount of $36,564,785.67 and expenses in the amount of $3,740,857.33. The Court further entered the Order and Final Judgment by Judge Dickran Tevrizian, and the case was terminated. A Notice of Appeal was filed by objecting class member, RINIS Travel Service, and on January 19, 2006, the Court entered the Mandate from the Ninth Circuit Court of Appeals dismissing the appeal.
In a press release dated June 24, 2005, Broadcom Corporation announced that it has reached an agreement in principle to settle the securities class action litigation currently pending against the company and certain of its current and former officers and directors. Under the proposed settlement, the class action litigation will be dismissed in exchange for an aggregate cash payment of $150 million. Broadcom expects that approximately $40 million of that amount will be paid by its insurance carriers, with the balance of approximately $110 million to be paid by the company. Terms for distribution of the settlement fund to class members after final court approval of the settlement, and other terms of settlement, will be disclosed in a notice to be sent to class members after preliminary court approval. The court's preliminary approval hearing is scheduled for June 27, 2005.
By order of the Court dated May 31, 2001, all related actions were consolidated into one class action lawsuit entitled In re Broadcom Corp. Securities Litigation. And, on June 11, 2001, Lead Plaintiff and Lead Counsel were appointed. On October 1, 2001 Lead Plaintiff filed its Consolidated Amended Complaint. Defendants filed a Motion to Dismiss the complaint on November 15, 2001, which Lead Plaintiff opposed. The Court granted Defendant’s motion on March 11, 2002 and granted Lead Plaintiff leave to amend and re-file its Complaint. On April 1, 2002, Lead Plaintiff filed a Second Consolidated Amended Complaint (the “2nd Amended Complaint”), which Defendants moved to dismiss on May 7, 2002. The Court denied Defendants’ motion on July 24, 2002. Thereafter, on September 26, 2002, Defendants filed their answer to the 2nd Amended Complaint. Beginning in July 2003, Defendants filed various motions for partial summary judgment relating to specific allegations in Lead Plaintiffs’ 2nd Amended Complaint, some of which the Judge granted, others the Judge denied or granted in part, denied in part. The case proceeded through the discovery phase of the litigation and the parties prepared for a trial that, pursuant to a February 22, 2005 order, was to begin on September 13, 2005. On numerous occasions the parties participated in mediation sessions to settle the claims against Defendants. The last session on June 13, 2005, resulted in a settlement of the litigation.
The original complaint charges defendants with improperly accounting for the multi-million dollar amount of warrants provided to customers who purchased specified amounts of Broadcom product. In particular, it is charged that Broadcom's 2000 third quarter financial statements improperly failed to disclose the specific information relating to its granting customers warrants in exchange for buying Broadcom product. On 02/27/2001, The Wall Street Journal published an article concerning Broadcom's practices relating to granting warrants to customers in exchange for purchasing product. Broadcom's stock price fell in the next three trading days from $63 per share to $41 per share, an almost 35% decline. In addition, Broadcom's top officers are charged with selling more than $80 million worth of common stock prior to the revelations about the warrants for product deals.