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Business Wire CORRECTING and REPLACING Law Firm Scott + Scott, LLC Announces Class Action Lawsuit Against Biovail Corporation issued Dec. 9, 2003.


Business Editors/Legal Writers

CORRECTION...by Business Wire

COLCHESTER, Conn.--(BUSINESS WIRE)--Dec. 10, 2003

In BW5195 issued Dec. 9, 2003: Headline of release dated Dec. 9, 2003 should read Law Firm Scott + Scott, LLC (Logical Link Control) See "LANs" under data link protocol.

LLC - Logical Link Control
 Announces Class Action Lawsuit class action lawsuit

A lawsuit in which one party or a limited number of parties sue on behalf of a larger group to which the parties belong. For example, investors may bring a class action lawsuit against a brokerage firm that has actively promoted a tax
 Against Biovail Corporation sted Law Firm Scott + Scott, LLC Announces Class Action Lawsuit Against Biovail Shareholders

The rest of the release has not changed. It, with its adjusted headline (again) follow:

LAW FIRM SCOTT + SCOTT, LLC ANNOUNCES CLASS ACTION LAWSUIT AGAINST BIOVAIL CORPORATION

Scott + Scott, LLC Files Securities Action on Behalf of Biovail Shareholders; SEC Continues Inquiry Into Drugmaker's Accounting and Financial Reporting

Scott + Scott, LLC (scottlaw@scott-scott.com), a law firm with offices in Connecticut and California, has filed a securities class action in the United States District Court United States District Court

In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court.
 for the Southern District of New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 on behalf of all persons who purchased the common shares of Biovail Corporation (NYSE NYSE

See: New York Stock Exchange
: BVF BVF Biovail Corporation (stock symbol)
BVF Berufsverband der Frauenärzte eV (Muenchen, Germany)
BVF Bearing Versus Frequency
) (TSX TSX Toronto Stock Exchange (TSE before April, 2002)
TSX Transfer from Stack Pointer to Index
TSX True Space Extension
: BVF) ("Biovail" or the "Company") between May 17, 2002 and October 30, 2003 (the "Class Period" or the "Class"). Following the action's filing, the Securities and Exchange Commission announced the commencement of an "informal inquiry" into the drugmaker's accounting and financial reporting. After the SEC's announcement, Biovail shares plummeted 20% to $18.51. Biovail shares opened trading today at $17.57.

The plaintiff-shareholder is pursuing remedies under the Securities Exchange Act of 1934 (the "Exchange Act"). A copy of the complaint filed in this action on behalf of investors is available from the Court or can be obtained by calling Scott + Scott, LLC at 800/404-7770, e-mailing the firm at nrothstein@aol.com or drscott@scott-scott.com, or by going to the firm's website (www.scott-scott.com) and clicking on "IN THE NEWS."

While Biovail has called this lawsuit "frivolous," the Canadian drugmaker has been criticized for not properly estimating inventories of its drugs; low revenue from its generic brand of Prilosec and excess inventory of heart drug Cardizem CD. Chief Executive Eugene Melnyk has been criticized for the purchase of a company plane by an entity he controlled, the use of Barbados as a tax shelter for Biovail, a doctor compensation program that pays doctors for using Cardizem LA and acquisitions that led to confusing accounting.

The Complaint alleges that Biovail and certain of its officers and directors made materially false and misleading statements during the Class Period. Specifically, Defendants made material misrepresentations concerning Biovail's financial results and business by improperly reporting revenue and earnings attributable to sales. Plaintiff further alleges that these material misrepresentations artificially inflated the price of Biovail's common shares, which traded as high as $ 50.30 on the New York Stock Exchange New York Stock Exchange (NYSE)

World's largest marketplace for securities. The exchange began as an informal meeting of 24 men in 1792 on what is now Wall Street in New York City.
 and as high as CD $ 67.75 on the Toronto Stock Exchange Toronto Stock Exchange (TSE)

Canada's largest stock exchange, trading approximately 1,200 company stocks and 33 options.
 during the Class Period.

Scott + Scott, LLC is engaged in the representation of funds, foundations, endowments, institutions, pension funds, individuals, and other entities throughout the world in securities, antitrust and other complex class and non- class action 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 firm maintains the highest standards for client satisfaction and communication. The firm's attorneys litigate in both state and federal courts throughout the nation. The firm has been appointed lead counsel in cases nationwide, including the ongoing ImClone Securities Litigation. The firm also recently settled cases against Mattel and Emulex in which it was lead counsel. Scott + Scott, LLC issues this release in accordance with the applicable federal securities laws. If you wish to discuss this action, have any questions concerning this notice, your rights with respect to this matter or any other securities fraud matter please contact Neil Rothstein Esq.,nrothstein@aol.com, or David Scott Esq., drscott@scott-scott.com, Scott + Scott, LLC, 108 Norwich Avenue, Colchester, Connecticut 06415 at 800/404-7770 (fax: 860/537-4432).

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COPYRIGHT 2003 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1CANA
Date:Dec 10, 2003
Words:654
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