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Class Action Suit Filed Against Apple South, Inc. and its Officers and Directors Alleging Misrepresentations and Insider Trading.


SAN DIEGO--(BUSINESS WIRE)--Sept. 25, 1997--A class action has been commenced in the United States District Court for the Middle District of Georgia The U.S. District Court for the Middle District of Georgia serves the residents of sixty-nine counties from seven divisions from its headquarters in Macon, Georgia

The Albany division serves: Baker, Ben Hill, Calhoun, Crisp, Dougherty, Early, Lee, Miller, Mitchell, Schley,
 on behalf of purchasers of Apple South, Inc. ("Apple South") common stock during the period between May 26, 1995 through September 24, 1996 (the "Class Period").

The complaint charges Apple South and certain of its officers and directors with violations of the federal securities laws. The complaint alleges that during the Class Period, defendants falsely represented that Apple South was successfully pursuing an aggressive expansion plan, was successfully assimilating several Applebee's restaurants Apple South acquired from the Marcus Corporation The Marcus Corporation (NYSE: MCS)is a publicly held company with two divisions, Marcus Theatres and Marcus Hotels and Resorts. Stephen H. Marcus, son of the company's founder, is chairman and chief executive officer.  ("Marcus") and improving their profit margins, and was successfully expanding its Tomato Rumba's chain of restaurants, and that because of the success of those expansion efforts and Apple South's management's expertise at assimilating acquisitions and controlling operating costs operating costs nplgastos mpl operacionales  without adversely impacting service levels or customer satisfaction, Apple South would achieve strong earnings per share ("EPS (Encapsulated PostScript) A PostScript file format used to transfer a graphic image between applications and platforms. EPS files contain PostScript code as well as an optional preview image in TIFF, WMF, PICT or EPSI, the latter being an ASCII-only format. ") growth in 1996 and 1997, to $.90-$.95 and $1.20, respectively, while opening 68 new restaurants in 1997 and at least 85 restaurants in 1997. Throughout the Class Period, defendants concealed the severe adverse impact that Apple South's acquisition of 18 Applebee's restaurants from Marcus was having on Apple South's business, the failure of the Tomato Rumba's expansion efforts and its adverse impact on Apple South, the adverse impact Apple South's aggressive cost control efforts were having on its Applebee's restaurants, the fact that Apple South's EPS prospects were much worse than forecasted, and the fact that its expansion program would have to be drastically scaled back. This scheme artificially inflated the price of Apple South stock to a Class Period high of $28-3/8, which enabled Apple South to sell 900,000 new shares to the public to raise $16.6 million to pay for the Marcus acquisition, issue (sell) 9.3 million Apple South shares worth $190 million to purchase DF&R Restaurants, Inc., to sell $125 million in debt securities on favorable terms to raise needed capital, and further enabling three top Apple South insiders to sell 920,804 of their Apple South shares during the Class Period for $19.6 million.

However, on Sept. 24, 1996 Apple South suddenly revealed that its May 1995 acquisition of Applebee's restaurants from Marcus had been a disaster, that those acquisitions had hurt Apple South's business and that, as a result, Apple South would fall far short of its 1996 and 1997 EPS forecasts, and Apple South had to sharply curtail its expansion program. Apple South's stock instantly collapsed, from $20-7/8 to $12-1/4, a 40% one-day collapse on huge volume of 14 million shares, the largest one day stock decline on the largest one-day trading volume Trading volume

The number of shares transacted every day. As there is a seller for every buyer, one can think of the trading volume as half of the number of shares transacted. That is, if A sells 100 shares to B, the volume is 100 shares.
 in Apple South's history as a public company.

Recovery is sought for all purchasers of Apple South common stock during the Class Period (the "Class"). The plaintiff is represented by several law firms This list of the world's largest law firms by revenue is taken from The Lawyer and The American Lawyer and is ordered by 2006 revenue:[1]
  1. Clifford Chance, £1,030.2m – International law firm (headquartered in the UK);
  2. Linklaters, £935.
, including Milberg Weiss Founded in 1965 by attorneys Larry Milberg and Melvyn I. Weiss, Milberg Weiss (formerly known as Milberg Weiss & Bershad LLP) is a U.S. plaintiffs' law firm. Based in New York City, it is widely known for representing investors in securities class actions.  Bershad Hynes & Lerach LLP LLP - Lower Layer Protocol , who have expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud.

Milberg Weiss has been actively engaged in commercial 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.
, emphasizing securities and antitrust class actions, for more than 20 years. The firm has offices in 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
, San Diego San Diego (săn dēā`gō), city (1990 pop. 1,110,549), seat of San Diego co., S Calif., on San Diego Bay; inc. 1850. San Diego includes the unincorporated communities of La Jolla and Spring Valley. Coronado is across the bay. , San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden  and Los Angeles and is active in major litigation pending in federal and state courts throughout the United States. The firm's reputation for excellence has been recognized on repeated occasions by courts which have appointed the firm to major positions in complex multi-district or consolidated litigations. Milberg Weiss has taken a lead role in numerous important actions on behalf of defrauded investors, and has been responsible for a number of outstanding recoveries which, in the aggregate, total approximately $2 billion. Visit the firm's website at http://www.milberg.com .

If you are a member of the Class described above, you may, no later than 60 days from today, move the Court to serve as lead plaintiff of the Class, if you so choose. In order to serve as lead plaintiff, however, you must meet certain legal requirements. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff's counsel, William Lerach or Darren Robbins of Milberg Weiss at 800/449-4900 or via e-mail at wsl@mwbhl.com.

CONTACT: Milberg Weiss

William Lerach or Darren Robbins, 800/449-4900

wsl@mwbhl.com
COPYRIGHT 1997 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Sep 25, 1997
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