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Berger & Montague, P.C. Announces Class Action Lawsuit Against PDI, Inc.


Business Editors/Legal Writers

PHILADELPHIA--(BUSINESS WIRE)--Jan. 28, 2002

Berger & Montague, P.C., (www.bergermontague.com) filed a class action against PDI PDI Protein Disulfide Isomerase
PDI Personal Docente e Investigador (Spanish: Personal Educational and Investigating)
PDI Pre Delivery Inspection
PDI Professional Development Institute
, Inc. ("PDI") (Nasdaq: PDII -news) and two of its principal officers in the United States District Court for the District of New Jersey The United States District Court for the District of New Jersey is the Federal district court whose jurisdiction is the state of New Jersey. It was established in 1789. New Jersey is the largest state by population to only have one District Court.

The Honorable Garrett E.
, on behalf of all persons or entities who purchased PDI securities during the period from May 22, 2001 through November 12, 2001.

The Complaint alleges that defendants violated vi·o·late  
tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates
1. To break or disregard (a law or promise, for example).

2. To assault (a person) sexually.

3.
 Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and SEC Rule 10b-5 by making false and misleading statements regarding the financial effects of: (1) PDI's contract with Novartis for promotion of a hypertension drug, and (2) termination of its contract with GlaxoSmithKline ("GSK GSK GlaxoSmithKline plc (pharmaceutical company)
GSK Glycogen Synthase Kinase
GSK Gruppentraining Sozialer Kompetenzen (Germany)
GSK Greenland Shark (FAO fish species code) 
") for the exclusive distribution of an antibiotic antibiotic, any of a variety of substances, usually obtained from microorganisms, that inhibit the growth of or destroy certain other microorganisms. Types of Antibiotics
. Among other things, defendants told investors that the Novartis contract would produce earnings of $0.25 per share in the fourth quarter of 2001; that despite impending im·pend  
intr.v. im·pend·ed, im·pend·ing, im·pends
1. To be about to occur: Her retirement is impending.

2.
 generic competition for the GSK antibiotic, the GSK contract would, at worse, produce earnings of $0.35-$0.40 in the fourth quarter of 2001, and $0.30 per share in 2002; and, if the $0.30 per share earnings contribution from the GSK contract was not assured, the Company would cancel the contract.

The Complaint alleges that these statements were materially false and misleading because, among other things: (1) earnings from the Novartis contract would remain unprofitable until PDI completed marketing activities which, as PDI's experience demonstrated, could not be completed until well into the fourth quarter of 2001; and (2) undisclosed minimum purchase requirements of the GSK contract were such that the contract could not produce earnings at or near $0.30 per share in 2002, that PDI would be forced to terminate the contract, which would result in tens of millions of dollars of losses in the fourth quarter of 2001, and no earnings from that contract in 2002.

On November 12, 2001, PDI surprised the market by issuing a press release that contrary to the Company's prior representations, the Company suffered a loss of $17.3 million and $1.24 per share in the third quarter of 2001, and expected further losses in the fourth quarter. In the November 12 press release and a November 13 conference call, PDI revealed that these losses were due to the need to terminate the GSK contract and the fact that marketing activities for the Novartis contract had not been and would not be completed soon enough for that contract to produce earnings in the fourth quarter of 2001.

The law firm of Berger & Montague, P.C. has 55 attorneys, all of whom represent plaintiffs in complex litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
. The Berger firm has extensive experience representing plaintiffs in class action securities litigation and has played lead roles in major cases over the past 25 years which have resulted in recoveries of several billion dollars to investors. The firm is has represented investors as lead counsel in actions against Rite Aid Rite Aid (NYSE: RAD) is a United States retailer and pharmacy chain, operating over 5,000 stores in 31 states and the District of Columbia. Rite Aid Corporation is one of the nation's leading drugstore chains. , Sotheby's, Waste Management, Inc Waste Management, Inc. (NYSE: WMI) is a waste management, comprehensive waste, and environmental services company in North America. The company's network includes 413 collection operations, 370 transfer stations, 283 active landfill disposal sites, 17 waste-to-energy plants, ., Sunbeam, Boston Chicken and IKON Office Solutions IKON Office Solutions (NYSE: IKN) is a Fortune 500 company based in Malvern, Pennsylvania. Formerly part of ALCO Standard.

IKON integrates copy machines and fax systems to assist businesses.
, Inc. The standing of Berger & Montague, P.C. in successfully conducting major securities and antitrust Antitrust

The antitrust laws apply to virtually all industries and to every level of business, including manufacturing, transportation, distribution, and marketing. They prohibit a variety of practices that restrain trade.
 litigation has been recognized by numerous courts. For example:
-- "Class counsel did a remarkable job in representing the class interests." In
re: IKON Office Solutions Securities Litigation, Civil Action No. 98-4286
(E.D.Pa) (partial settlement for $111 million approved May, 2000).

-- "...(Y)ou have acted the way lawyers at their best ought to act. And I have
had a lot of cases...in 15 years now as a judge and I cannot recall a
significant case where I felt people were better represented than they are
here...I would say this has been the best representation that I have seen." In
Re: Waste Management, Inc. Securities Litigation, Civil Action No. 97-C 77-9
(N.D.Ill.) (settled in 1999 for $220 million).


If you purchased PDI common stock during the period from May 22, 2001 through November 12, 2001, inclusive, you may, no later than March 15, 2002, move to be appointed lead plaintiff. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class member may together serve as "lead plaintiff." Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as lead plaintiff.

If you purchased PDI common stock, or have any questions concerning this notice or your rights with respect to this matter, you may contact:

Sherrie R. Savett, Esquire Carole A. Broderick, Esquire Kimberly A. Walker, Investor Relations Investor relations

The process by which the corporation communicates with its investors.
 Manager Berger & Montague, P.C. 1622 Locust locust, in botany
locust, in botany, any species of the genus Robinia, deciduous trees or shrubs of the family Leguminosae (pulse family) native to the United States and Mexico.
 Street Philadelphia, PA 19103 Telephone: (888) 891-2289 or (215) 875-3000 Fax: (215) 875-5715 Website: www.bergermontague.com e-mail: InvestorProtect@bm.net
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Jan 28, 2002
Words:830
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