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Case Status:    DISMISSED    
On or around 09/12/2002 (Date of order of final judgment)

Filing Date: August 13, 2002

According to the Company’s FORM 10-Q For The Quarterly Period Ended September 30, 2002, in September 2002, four securities fraud class actions filed against Andrx and certain of its current and former officers and directors in the U.S. District Court for the Southern District of Florida for alleged violations of certain of the provisions of the securities laws, were voluntarily dismissed. These actions were filed after Andrx's August 2002 disclosure that, for 1999-2002, an employee had made numerous improper entries in its accounts receivables records that affected customers' balances and their agings.

The Complaint alleges that defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule10b-5 promulgated thereunder, by issuing a series of material misrepresentations to the market between February 10, 2000 and August 12, 2002, thereby artificially inflating the price of Andrx securities. The complaint alleges that the Company: (1) engaged in improper accounting practices which had the effect of materially overstating its reported earnings and understating its losses; (2) issued materially false and misleading financial statements not prepared in accordance with GAAP; and (3) lacked proper accounting controls and revenue recognition practices at its subsidiaries and which permitted its employees to commit accounting improprieties for a period of over three years.

On August 12, 2002, the Company announced that, as a result of its internal audit process, management has learned that an employee at one of its subsidiaries appears to have altered certain accounting records pertaining to accounts receivable balances and aging relating to its pharmaceutical and distribution operations, thereby potentially affecting Andrx's allowance for doubtful accounts. Based upon its investigation, it appears that the Company's previously announced net accounts receivable of $103.6 million as of June 30, 2002, may have been overstated by as much as $15 million relating to the period from January 1, 1999 to date. As a result of these accounting improprieties, Andrx would be required to restate earnings for prior years and/or account for these misstatements as a charge in the current period. In the aftermarket trading on the date of the announcement of the accounting irregularities, Andrx's stock declined by 16% or $3.57 per share, from $23.32 to $19.75.

COMPANY INFORMATION:

Sector: Healthcare
Industry: Biotechnology & Drugs
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: ADRX
Company Market: NASDAQ
Market Status: Public (Listed)

About the Company & Securities Data


"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: S.D. Florida
DOCKET #: 02-CV-80762
JUDGE: Hon. Donald M. Middlebrooks
DATE FILED: 08/13/2002
CLASS PERIOD START: 02/10/2000
CLASS PERIOD END: 08/12/2002
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Bernstein Liebhard & Lifshitz, LLP (New York)
    10 E. 40th Street, 22nd Floor, Bernstein Liebhard & Lifshitz, LLP (New York), NY 10016
    800.217.1522 · info@bernlieb.com
  2. Bernstein Litowitz Berger & Grossmann LLP (former San Diego)
    12544 High Bluff Drive, Suite 150, Bernstein Litowitz Berger & Grossmann LLP (former San Diego), CA 92130
    858.793.0070 858.793.0323 · blbg@blbglaw.com
  3. Cauley Geller Bowman Coates & Rudman LLP (Little Rock, AR)
    P.O. Box 25438, Cauley Geller Bowman Coates & Rudman LLP (Little Rock, AR), AR 72221-5438
    501.312.8500 501.312.8505 ·
  4. Law Offices of Charles J. Piven, P.A.
    World Trade Center-Baltimore,401 East Pratt Suite 2525, Law Offices of Charles J. Piven, P.A., MD 21202
    410.332.0030 · pivenlaw@erols.com
  5. Mark McNair
    1919 Pennsylvania Avenue, NW, Suite 800, Mark McNair , DC 20006
    703.273.3070 · wmmcnair@justice4investors.com
  6. Milberg Weiss Bershad Hynes & Lerach LLP (Boca Raton)
    The Plaza, Suite 900, 5355 Town Center Road, Milberg Weiss Bershad Hynes & Lerach LLP (Boca Raton), FL 33486
    561.361.5000 ·
  7. Much, Shelist, Freed, Denenberg, Ament & Eiger, P.C.
    200 N LaSalle St Ste 2100, Much, Shelist, Freed, Denenberg, Ament & Eiger, P.C., IL 60601
    312.346.3100 ·
  8. Robbins Umeda & Fink, LLP (San Diego)
    1010 Second Avenue, Suite 2360, Robbins Umeda & Fink, LLP (San Diego), CA 92101
    800-350-6003 · info@ruflaw.com
  9. Schiffrin & Barroway LLP
    3 Bala Plaza E, Schiffrin & Barroway LLP, PA 19004
    610.667.7706 610.667.7056 · info@sbclasslaw.com
  10. Schoengold & Sporn PC (New York)
    233 Broadway 39Th Floor, Schoengold & Sporn PC (New York), NY 10279
    212.964.0046 ·
  11. Spector Roseman & Kodroff (San Diego)
    1818 Market Street, Suite 2500, Spector Roseman & Kodroff (San Diego), PA 19103
    215.496.0300 215.496.6611 ·
  12. The Emerson Firm
    2228 Cottondale Avenue, Suite 100, The Emerson Firm, AR 72202
    800.663.9817 501.907.2556 · epllp@emersonpoynter.com
  13. Wechsler Harwood LLP
    488 Madison Avenue 8th Floor, Wechsler Harwood LLP, NY 10022
    212.935.7400 · info@whhf.com
  14. Wolf Haldenstein Adler Freeman & Herz LLP (New York)
    270 Madison Avenue, Wolf Haldenstein Adler Freeman & Herz LLP (New York), NY 10016
    212.545.4600 212.686.0114 · newyork@whafh.com
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