[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: Class Action Filed Against Omega Research



PureBytes Links

Trading Reference Links


> Reality Check #1: When investors in an IPO see their investment
> rapidly nosedive in value, they feel cheated. A law suit is a common
> consequence of this type of event. Some of these suits have merit
> and some don't (I guess that's always true). The legal system will
> sort it out. This is not unique to Omega.

There is a class of scummy law firms who specialize in this kind of class 
action suit. All the forms, motions, etc. are fill-in-the-blanks from 
already prepared boiler plate. These lawyers are the corporate 
equivalent to ambulence chasers and are in it solely to build legal 
fees. If you check it out, I am sure you will find that the 
plaintiff's law firm has a history of this kind of lawsuit.
 Fortunately, there is currently some backlash against these 
kind of fees.

> Reality Check #2: A law suit has been filed claiming
> misrepresentations in the prospectus. When, in the history of the
> world, has the underwriter, who prepared the prospectus, ever come
> forward and said anything other than "the suit has no merit."

The question is, when did an underwriter not know how to prepare a 
prospectus. These law firms look for this kind of situation and then 
find some stupid shareholder to front the suit. What usually happens 
is that there is an out-of-court settlement in which the filling law 
firm gets a nice, plump fee, the company law firm gets a nice, plump 
fee and the shareholders get bubkis. The wrinkle is that the settlement 
wipes the slate clean for the company. 
Unless a shareholder opted out of the class action, no further suits 
can be brought. 
 
> Reality Check #3: A law suit has two sides to it. The attorneys for
> each side usually tell their clients they have a great case. They're
> wrong half the time.

There aren't two sides, there are two law firms. They each get paid 
the big bucks. Who does the paying? The company, i.e., the 
shareholders. I think they teach this kind of round-robbing in law 
school. 

I agree with Harry Truman, who suggested that, for the good of the 
nation,  lawyers be prevented from serving in Congress.
JFB
Shaven Heads Trading
NYC