Legal Action News

Your news source for lawsuits and other civil legal matters

Legal Action Recently...

April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004


Legal Action News RSS Feed
RSS Feed



 

Three Days Left to Object to Proposed Micromuse Settlement That Seeks to Extinguish $189 Million in Insider Trading Claims, Announces Emerson Poynter

13 November 2005

Emerson Poynter LLP: A notice of the proposed settlement of a shareholder derivative lawsuit brought in federal court on behalf of Micromuse, Inc. (Nasdaq:MUSE) ("Micromuse") (the "Federal Lawsuit") was recently sent to the shareholders of Micromuse. Approval of the proposed settlement of the Federal Lawsuit may affect important rights of Micromuse and Micromuse shareholders including extinguishing the right to recover $189 million in insider trading proceeds on behalf of Micromuse. If you are a shareholder of Micromuse stock and wish to object to the proposed settlement, the notice of the proposed settlement requires you to do so by November 15, 2005.

Prior to the proposed settlement, the Federal Lawsuit was dismissed by the federal court in favor of a previously filed ("related") shareholder derivative lawsuit in state court (the "State Lawsuit"). Instead of filing in state court, the Federal Lawsuit was appealed and ultimately reached the proposed settlement.

The State Lawsuit was brought by plaintiffs derivatively on behalf of (and for the benefit of) Micromuse, to remedy defendants' violations of California law, including breaches of fiduciary duties, abuse of control, gross mismanagement, waste of corporate assets, unjust enrichment and violations of the California Corporations Code (including illegal insider trading) that occurred between October 1, 1999 and the present (the "Relevant Period") and that have caused substantial losses to Micromuse and other damages, such as to its reputation and goodwill. The plaintiffs in the State Lawsuit seek, among other things, to recover $189 million in illegal insider trading proceeds from defendants for Micromuse. The claim for $189 million in illegal insider trading proceeds was not brought in the Federal Lawsuit. Plaintiffs in the State Lawsuit recently defeated the defendants' attempt to dismiss the lawsuit.

The proposed settlement of the Federal Lawsuit also seeks to release all claims in the State Lawsuit, including the claim to recover $189 million in illegal insider trading proceeds, which the State Lawsuit seeks for Micromuse's benefit and recovery. If the proposed settlement is approved, Micromuse will receive no monetary compensation for the $189 million in illegal insider selling. In fact, the defendants in the Federal Lawsuit will not be required to pay anything for their wrongdoing as the proposed settlement only requires Micromuse to implement limited corporate governance changes. The plaintiff's attorneys in the Federal Lawsuit have indicated that they will seek $250,000 in attorneys' fees.

You have a right to object to the proposed settlement of the Federal Lawsuit if you are a shareholder of Micromuse. If you do not object, Micromuse's ability to recover the $189 million in insider sales may be forever foreclosed. According to the notice of settlement: To object, you must send a signed letter as outlined below, stating that you object to the proposed Settlement in Greg Sutterfield, derivatively and on behalf of Micromuse, Inc. v. Lloyd Carney, et al., Defendants and Micromuse, Inc., Nominal Defendant, Case No. C 04 0893 BZ. Be sure to include your name, address, telephone number and your signature; provide proof of current ownership and the date(s) of purchase(s) of Micromuse stock, and state the reasons why you object to the Federal Derivative Action Settlement. Your objection must be filed with the Claims Administrator at the following address and postmarked on or before November 15, 2005:

Claims Administrator
Sutterfield v. Carney, et al.
Objections
c/o A.B. Data, Ltd.
P.O. Box 170500
Milwaukee, Wisconsin, 53217
(800) 918-9012

For more information regarding the Federal and State Derivative Actions, please call:

Scott E. Poynter
Emerson Poynter LLP
2228 Cottondale Ln., Suite 100
Little Rock, AR 72202
Toll Free: (800) 663-9817
epllp@emersonpoynter.com
www.emersonpoynter.com


Source: Prime Zone


All trademarks and copyrighted information contained herein are the property of their respective owners.


Related Articles


 
Law News



A   B   C   D   E   F   G   H   I   J   K   L   M   N   O   P   Q   R   S   T   U   V   W   X   Y   Z