Law Firms Sirota & Sirota, LLP and Lovell & Stewart, LLP Announce Class Action Against Priceline.com, Inc.Business Editors & Legal Writers NEW YORK--(BUSINESS WIRE)--March 16, 2001 The following is an announcement by the law firm of Lovell & Stewart, LLP LLP - Lower Layer Protocol : SIROTA SIROTA Staten Island Rapid Transit Operating Authority (now Staten Island Railroad) & SIROTA AND LOVELL & STEWART ANNOUNCE SECURITIES FRAUD CLASS ACTION AGAINST PRICELINE.COM, INC inc - /ink/ increment, i.e. increase by one. Especially used by assembly programmers, as many assembly languages have an "inc" mnemonic. Antonym: dec. ., OFFICERS, INVESTMENT BANKS The law firms of Sirota & Sirota, LLP ((212) 425-9055 or www.sirotalaw.com (1) (Computer Output Microfilm) Creating microfilm or microfiche from the computer. A COM machine receives print-image output from the computer either online or via tape or disk and creates a film image of each page. ) and Lovell & Stewart, LLP ((212) 608-1900 or www.lovellstewart.com) filed a 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 on March 16, 2001 on behalf of all persons and entities who purchased, converted, exchanged or otherwise acquired the common stock of Priceline.com, Inc. (Nasdaq:PCLN PCLN Priceline.com (stock abbreviation, AMEX) ) between March 29, 1999 and March 14, 2001, inclusive. The lawsuit asserts claims under Sections 11, 12 and 15 of the Securities Act of 1933 and Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated prom·ul·gate tr.v. prom·ul·gat·ed, prom·ul·gat·ing, prom·ul·gates 1. To make known (a decree, for example) by public declaration; announce officially. See Synonyms at announce. 2. by the SEC thereunder and seeks to recover damages. Any member of the class may move the Court to be named lead plaintiff. If you wish to serve as lead plaintiff, you must move the Court no later than May 15, 2001. The action, Richard Hirsch v. Priceline.com, Inc., et al., is pending in the U.S. 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 (500 Pearl Street, New York, New York), Docket A written list of judicial proceedings set down for trial in a court. To enter the dates of judicial proceedings scheduled for trial in a book kept by a court. No. 01-CV-2261 (JGK JGK Jægerkorpset (Danish Army special operations unit) ) and has been assigned to the Hon. John G. Koeltl John George Koeltl (born 1945 in New York City) is a judge of the United States District Court for the Southern District of New York in Manhattan. Education Koeltl studied history at Georgetown University and then obtain his law degree from Harvard University School of , U.S. District Judge. The complaint alleges that Priceline.com, Inc., Richard S. Braddock, its Chairman and Chief Executive Office, Jay S. Walker, its founder and former Vice-Chairman, and Paul E. Francis, its former Chief Financial Officer, violated the federal securities laws by issuing and selling Priceline.com common stock pursuant to the March 30, 1999 IPO (Initial Public Offering) The first time a company offers shares of stock to the public. While not a computer term per se, many founders, employees and insiders of computer companies have found this acronym more exciting than any tech term they ever heard. without disclosing to investors that some of the underwriters in the offering, including the lead underwriters, had solicited and received excessive and undisclosed commissions from certain investors. In exchange for the excessive commissions, the complaint alleges, lead underwriters Morgan Stanley Dean Witter & Co., Merrill Lynch, Pierce, Fenner & Smith, Inc., and BancBoston Robertson Stephens, Inc. and underwriter Salomon Smith Barney, Inc. allocated Priceline.com shares to customers at the IPO price of $16 per share. To receive the allocations (i.e., the ability to purchase shares) at $16, the underwriters' brokerage customers had to agree to purchase additional shares in the aftermarket at progressively higher prices. The requirement that customers make additional purchases at progressively higher prices as the price of Priceline.com stock rocketed upward (a practice known on Wall Street as "laddering") was intended to (and did) drive Priceline.com's share price up to artificially high levels. This artificial price inflation, the complaint alleges, enabled both the underwriters and their customers to reap enormous profits by buying stock at the $16 IPO price and then selling it later for a profit at inflated aftermarket prices, which rose as high as $85 during its first day of trading. Rather than allowing its customers to keep their profits from the IPO, the complaint alleges, the underwriters required their customers to "kick back" some of their profits in the form of secret commissions. These secret commission payments were sometimes calculated after the fact based on how much profit each investor had made from his or her IPO stock allocation. The complaint further alleges that defendants violated the Securities Act of 1933 because the Prospectus distributed to investors and the Registration Statement filed with the SEC in order to gain regulatory approval for the Priceline.com offering contained material misstatements regarding the commissions that the underwriters would derive from the IPO transaction and failed to disclose the additional commissions and "laddering" scheme discussed above. Christopher Lovell, the senior partner at Lovell & Stewart, has been appointed lead counsel or co-lead counsel in numerous significant class actions, including actions involving reportedly the largest class action recoveries in history under three separate federal statutes (the Sherman Antitrust Act Sherman Antitrust Act, 1890, first measure passed by the U.S. Congress to prohibit trusts; it was named for Senator John Sherman. Prior to its enactment, various states had passed similar laws, but they were limited to intrastate businesses. , the Commodity Exchange Act, and the Investment Company Act of 1940). These record-breaking recoveries for class plaintiffs included the $1.027 billion recovery in In re: NASDAQ Market-Makers Antitrust 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. and a $145.35 million recovery in 1999 in In re: Sumitomo Copper Litigation, a class action against various parties who conspired to manipulate the worldwide copper and copper futures markets for their own profit. Howard Sirota and the Sirota & Sirota firm have taken leadership roles in numerous high-profile and legally significant cases, including serving as Chairman of the Executive Committee of plaintiffs' attorneys in the landmark In re: Crazy Eddie Securities Litigation case ($93 million recovery for class, with additional payments from defendants expected in the future) and serving as a member of the Executive Committee in In re: Structural Dynamics Research Corporation ($37.5 million recovery). Investors who purchased Priceline.com common stock during the period March 29, 1999 - March 14, 2001 may contact Sirota & Sirota or Lovell & Stewart at the telephone numbers, addresses or E-mail addresses below for more information regarding the class action lawsuit. Investors can also visit Sirota & Sirota's website at www.sirotalaw.com or Lovell & Stewart's website at www.lovellstewart.com to view a copy of the complaint. |
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