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Case Status:    SETTLED  
—On or around 06/16/2008 (Date of order of final judgment)
Current/Last Presiding Judge:  
Hon. Ed Kinkeade

Filing Date: September 03, 2004

Zix Corporation is a global provider of e-messaging protection and transaction services.

The original Complaint alleges that during the Class Period, Defendants Zix and certain of its officers and directors disseminated materially false and misleading statements regarding the Company’s business and prospects. The Defendants concealed from the investing public the following facts during the Class Period: (a) the Company was experiencing sluggish doctor adoption to e-prescribing; (b) the Company’s claim that it would achieve 1,000 deployed active doctors by the end of Q4 2003 was false and misleading because physicians would be required to reconfigure their patient data, obtain wireless coverage and implement a wireless LAN, which were severely undercutting physician acceptance and deployment; (c) the Company’s claim it had 4,000 deployments already on order was false because, at the time of claim, the physicians’ sites had not even been surveyed to evaluate wireless/LAN needs, all of which would drastically impact not only the timing of these “ordered” deployments but also whether these so-called ordered deployments would ever be truthfully ordered and deployed; and (d) new offerings from its Elron acquisition were delayed as a result of integration problems. As a result of the Defendants’ false statements, Zix’s stock traded at inflated levels during the Class Period, increasing to as high as $17.33 on April 12, 2004, whereby the Company’s top officers and directors sold more than $4.6 million worth of their own shares and raised an additional $10 million through the conversion of warrants.

On May 4, 2004, the Company announced its results for Q1 2004, including larger loss than market expectations. On this news, the Company’s shares were sent into a freefall, tumbling 50% in the following trading days to below $7 per share.

On January 27, 2006, the Court entered the Order dismissing the case without prejudice as to two individual Defendants pursuant to the notice of voluntary dismissal filed by the lead Plaintiffs.

As disclosed by the Company’s FORM 10-Q for the quarterly period ended June 30, 2006, beginning in early September 2004, several purported shareholder class action lawsuits were filed in the U.S. District Court for the Northern District of Texas against the Company and certain of its current and former officers and directors. These several class action lawsuits have been consolidated into one case. The Company has filed a motion to dismiss the consolidated lawsuits pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure and also pursuant to the Private Securities Litigation Reform Act.

On September 26, 2006, the Court entered the Memorandum Opinion and Order denying the Defendants' motion to dismiss the Consolidated Complaint.

The parties entered into a Stipulation and Agreement of Settlement on March 7, 2008.

On June 16, 2008, the Court granted final approval of the Settlement, including an award of Attorneys’ Fees and Expenses, and entered Final Judgment.

On September 8, 2009, the Court issued an Order authorizing Distribution of the net Settlement fund.

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