Processing your request


please wait...

Case Page

 

Case Status:    SETTLED
On or around 06/19/2009 (Date of order of final judgment)

Filing Date: March 02, 2005

Leadis Technology, Inc. ("Leadis" or the Company) designs, develops and markets mixed-signal semiconductors that enable and enhance the features and capabilities of small panel displays. The Company's core products are color display drivers with integrated controllers, which are critical components of displays used in mobile consumer electronics devices.

The original class action was commenced on behalf of those who acquired Leadis common stock pursuant to the Company's false and misleading Registration Statement and Prospectus for its initial public offering on June 16, 2004. The Complaint charges Leadis and certain of its officers and directors with violations of the Securities Act of 1933.

Specifically, the Complaint alleges that on June 16, 2004, Leadis accomplished its IPO of 6 million shares for net proceeds of $76.6 million, pursuant to a Registration Statement and Prospectus. The Registration Statement and Prospectus failed to disclose that Leadis was engaging in overshipments of its OLED product.

The Complaint further alleges on or around October 22, 2004, Leadis announced that its fourth quarter results would be much lower than analysts' expectations. Leadis admitted that a drop in sales from OLED was going to hurt profit in the quarter as handset makers bought less expensive equipment. The shares fell $8.15 to $8.79 on October 22, 2004. Further, on or around January 10, 2005, Leadis announced it was not comfortable with the First Call estimates of its revenues for the first quarter of 2005. As a result of this news, Leadis stock dropped further to below $8 per share.

According to the Company’s FORM 10-Q for the quarterly period ended June 30, 2008, on April 20, 2005, the court consolidated the two actions. The consolidated Complaint seeks unspecified damages on behalf of a class of purchasers that acquired shares of the Company’s common stock pursuant to the Company’s registration statement and prospectus. The claims appear to be based on allegations that at the time of the IPO, demand for the Company’s OLED (color organic light-emitting diodes) products was already slowing due to competition from one of the Company’s existing customers and that the Company failed to disclose that it was not well positioned for continued success as a result of such competition. On October 28, 2005, the Company and other Defendants filed a Motion to Dismiss the lawsuit. By Order dated March 1, 2006, the Court granted Defendants’ Motion to Dismiss, with prejudice, and judgment was entered in favor of the Company and all other Defendants.

On or about March 28, 2006, the Plaintiffs filed a notice of appeal with the United States Court of Appeals for the Ninth Circuit. On April 18, 2008, the Court of Appeals issued a decision reversing the decision of the District Court and remanding the case back to the District Court. The Company and other Defendants intended to file a petition for writ of certiorari with the U.S. Supreme Court in the third quarter of 2008. If this petition is not granted, or the recent decision of the Court of Appeals is affirmed, the Company expects that the case will return to the District Court level for further proceedings at the early stages of litigation.

On January 6, 2008, a Stipulation and Agreement of Settlement was filed. A motion for preliminary approval of the settlement was filed the same day. The settlement is in the amount of $4,200,000 in cash, to be paid by Leadis’ insurance carrier. On February 4, 2009, District Court by Judge Charles R. Breyer preliminarily approved the settlement. A Fairness Hearing was set for June 19, 2009. On June 19, 2009, the settlement was approved and the action was dismissed with prejudice. The case is now closed.

Protected Content


Please Log In or Sign Up for a free account to access restricted features of the Clearinghouse website, including the Advanced Search form and the full case pages.

When you sign up, you will have the option to save your search queries performed on the Advanced Search form.