Lumenis, Ltd. manufactures and sells medical laser devices.

According to the Complaint, on May 13, 2009, Lumenis distributed to its shareholders a notice and proxy statement ( the "Proxy") concerning a shareholders meeting scheduled to be held on June 18, 2009, at which the terms and conditions of the Equity Financing by Lumenis will be considered for approval.

The Complaint alleges the individual Defendants are attempting to solicit shareholder proxies in support of the approval of an equity financing of the Company in which the Company intends to raise an amount of up to $15 million from LM Partners L.P. and Ofer Hi-Tech Investments Ltd., who collectively own approximately 88.65% of the ordinary shares of the Company (the "Equity Financing") with the issuance of a Proxy dated May 13, 2009 that contains omissions of material fact concerning, inter alia, (i) the analyses rendered by BDO Ziv Haft Consulting & Management Ltd. ("BDO") in connection with the Equity financing; (ii) the process resulting in the Equity financing, including discussions with other potential investors; (iii) the reasons for entering into the Equity financing; (iv) the criteria for selecting BDO to render the fairness opinion, and (v) the amount of fees BDO has or will be paid in connection with the Equity Financing.

Accordingly, the action seeks to enjoin the Equity financing and require Defendants to disseminate an accurate and complete Proxy that fully and fairly informs shareholders of all material information in a non-misleading manner prior to the shareholder vote, which is scheduled for June 18, 2009.

This case was voluntarily dismissed on June 16, 2009.