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Case Status:    SETTLED
On or around 10/06/2009 (Date of order of final judgment)

Filing Date: December 06, 2002

According to a Press Release dated December 23, 2002, the complaint alleges violations of Sections 11 and 15 of the Securities
Act
of 1933 and Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 and
Rule 10b-5 promulgated thereunder. On or about February 14, 2000, Diversa
commenced an initial public offering of 7,250,000 of its shares of common
stock
at an offering price of $ 24 per share (the "Diversa IPO"). In connection
therewith, Diversa filed with the SEC a registration statement, which
incorporated a prospectus (the "Prospectus"). The complaint further
alleges that
the Prospectus was materially false and misleading because it failed to
disclose, among other things, that: (i) the Underwriter Defendants had
solicited
and received excessive and undisclosed commissions from certain investors
in
exchange for which the Underwriter Defendants allocated to those investors
material portions of the Diversa shares issued in connection with the
Diversa
IPO; and (ii) the Underwriter Defendants had entered into agreements with
customers whereby the Underwriter Defendants agreed to allocate Diversa
shares
to those customers in the Diversa IPO in exchange for which the customers
agreed
to purchase additional Diversa shares in the aftermarket at pre-determined
prices. In addition, the complaint alleges that certain of the Underwriter
Defendants improperly utilized their analysts, who were compromised by
undisclosed conflicts of interest, to artificially inflate or maintain the
price
of Diversa stock.

COMPANY INFORMATION:

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

SECURITIES INFORMATION:

Ticker Symbol: DVSA
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. New York
DOCKET #: 02-CV-9699
JUDGE: Hon. Shira A. Scheindlin
DATE FILED: 12/06/2002
CLASS PERIOD START: 02/14/2000
CLASS PERIOD END: 12/06/2000
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. Milberg Weiss Bershad Hynes & Lerach LLP (New York, NY)
    One Pennsylvania Plaza, Milberg Weiss Bershad Hynes & Lerach LLP (New York, NY), NY 10119-1065
    212.594.5300 ·
  3. Schiffrin & Barroway LLP
    3 Bala Plaza E, Schiffrin & Barroway LLP, PA 19004
    610.667.7706 610.667.7056 · info@sbclasslaw.com
  4. Stull, Stull & Brody (New York)
    6 East 45th Street, Stull, Stull & Brody (New York), NY 10017
    310.209.2468 310.209.2087 · SSBNY@aol.com
  5. 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
No Document Title Filing Date