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Case Status:    DISMISSED    
On or around 01/21/2009 (Notice of voluntarily dismissal)

Filing Date: November 24, 2008

On January 21, 2009, the plaintiffs voluntarily dismissed the action without prejudice.

The class action complaint charges that two of the Company's senior officers, the former President and CEO and the CFO, violated the Securities Exchange Act of 1934 and breached their fiduciary duties by making and/or allowing false and misleading statements concerning the Company's business, operations and prospects. Specifically, the defendants allegedly knew but recklessly disregarded and failed to disclose to the investing public that: (i) the Company was facing increasing competition and lower-priced rival products were lengthening the time it took for VMware to close deals; (ii) customers were taking longer to sign lucrative multi-year enterprise license agreements, and were instead signing smaller, short-term contracts; and (iii) as a result of the foregoing, defendants misrepresented the Company's business and future prospects. The complaint further charges that, during the Class Period, Company insiders took advantage of the undisclosed adverse information by collectively selling 86,541 shares of their personally held VMware common stock for gross proceeds in excess of $5.8 million.

On January 21, 2009, Plaintiff filed a Notice voluntarily dismissing this case without prejudice as to all Defendants.

COMPANY INFORMATION:

Sector: Technology
Industry: Software & Programming
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: VMW
Company Market: New York SE
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: C.D. California
DOCKET #: 08-CV-07726
JUDGE: Hon. Otis D. Wright, II
DATE FILED: 11/24/2008
CLASS PERIOD START: 04/22/2008
CLASS PERIOD END: 07/22/2008
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Barnhill & Vaynerov LLP
    8200 Wilshire Boulevard Suite 400, Barnhill & Vaynerov LLP, CA 90211
    310.943.8989 310.943.8989 ·
No Document Title Filing Date