Shareholder Class Action Filed Against IMPAX Laboratories, Inc. by the Law Firm of Schiffrin & Barroway, LLP
November 18 2004 - 7:15PM
PR Newswire (US)
Shareholder Class Action Filed Against IMPAX Laboratories, Inc. by
the Law Firm of Schiffrin & Barroway, LLP BALA CYNWYD, Pa.,
Nov. 18 /PRNewswire/ -- The following statement was issued today by
the law firm of Schiffrin & Barroway, LLP: Notice is hereby
given that a class action lawsuit was filed in the United States
District Court for the Northern District of California on behalf of
all securities purchasers of IMPAX Laboratories, Inc. (NASDAQ:IPXL)
("IMPAX" or the "Company") from May 5, 2004 through November 3,
2004, inclusive (the "Class Period"). If you wish to discuss this
action or have any questions concerning this notice or your rights
or interests with respect to these matters, please contact
Schiffrin & Barroway, LLP (Marc A. Topaz, Esq. or Darren J.
Check, Esq.) toll free at 1-888-299-7706 or 1-610-667-7706, or via
e-mail at . The complaint charges IMPAX, Barry R. Edwards, Charles
Hsiao, Larry Hsu, Cornel C. Spiegler, David S. Doll, and David J.
Edwards with violations of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder. More specifically, the complaint alleges that the
Company failed to disclose and misrepresented the following
material adverse facts which were known to defendants or recklessly
disregarded by them: (1) that the Company inappropriately
recognized certain customer credits on bupropion products marketed
by a strategic partner; (2) that as a result of this, the Company's
financial results were materially inflated by $4.6 million; (3)
that the Company's financial results were in violation of Generally
Accepted Accounting Principles ("GAAP"); (4) that the Company
lacked adequate internal controls; and (5) that as a result of the
above, the Company's financial results were materially inflated at
all relevant times. On November 3, 2004, IMPAX announced that the
Company had postponed its release of 2004 third quarter financial
results to Tuesday, November 9, 2004, in order to allow its
independent auditors more time to complete their review of the
Company's third quarter financial statements, including the timing
of certain customer credits on bupropion products marketed by a
strategic partner. Results were originally scheduled to be
announced on Thursday, November 4, 2004. This news shocked the
market. On November 4, 2004, shares of IMPAX fell $2.93 per share,
or 22.54 percent, to close at $10.97 per share on usually high
trading volume. On November 9, 2004, IMPAX announced that it had
determined to restate its financial results for the first and
second quarters of 2004. The restatement was required as the result
of an adjustment due to recently reported customer credits granted
by a strategic partner on sales of the Company's bupropion products
made by a strategic partner during March 2004. Plaintiff seeks to
recover damages on behalf of class members and is represented by
the law firm of Schiffrin & Barroway, which prosecutes class
actions in both state and federal courts throughout the country.
Schiffrin & Barroway is a driving force behind corporate
governance reform, and has recovered in excess of a billion dollars
on behalf of institutional and high net worth individual investors.
For more information about Schiffrin & Barroway, or to sign up
to participate in this action online, please visit
http://www.sbclasslaw.com/ If you are a member of the class
described above, you may, not later than January 11, 2005 move the
Court to serve as lead plaintiff of the class, if you so choose. A
lead plaintiff is a representative party that acts on behalf of
other class members in directing the litigation. In order to be
appointed lead plaintiff, the Court must determine that the class
member's claim is typical of the claims of other class members, and
that the class member will adequately represent the class. Under
certain circumstances, one or more class members may together serve
as "lead plaintiff." Your ability to share in any recovery is not,
however, affected by the decision whether or not to serve as a lead
plaintiff. You may retain Schiffrin & Barroway, or other
counsel of your choice, to serve as your counsel in this action.
CONTACT: Schiffrin & Barroway, LLP Marc A. Topaz, Esq. Darren
J. Check, Esq. Three Bala Plaza East, Suite 400 Bala Cynwyd, PA
19004 1-888-299-7706 (toll free) or 1-610-667-7706 Or by e-mail at
DATASOURCE: Schiffrin & Barroway, LLP CONTACT: Marc A. Topaz,
Esq. or Darren J. Check, Esq., Schiffrin & Barroway,
+1-888-299-7706 or +1-610-667-7706, Web site:
http://www.sbclasslaw.com/
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