Holzer & Holzer Announces Class Action Lawsuit Against ImClone Systems, Inc. on Behalf of Investors -- IMCL


ATLANTA, Feb. 8, 2002 (PRIMEZONE) -- You are hereby notified that Holzer & Holzer has filed a class action lawsuit in the United States District Court for the Southern District of New York against ImClone Systems, Inc. ("ImClone" or the "Company") (Nasdaq:IMCL) on behalf of purchasers of publicly traded securities during the period between June 28, 2001 and December 28, 2001, inclusive. A copy of the complaint is available from the Court or by contacting Holzer & Holzer (toll-free) at (888) 508-6832 or by sending an e-mail to michaelfisteljr@msn.com.

The Complaint alleges that the Company and certain of its officers and directors issued a series of material misrepresentations to the market during the Class Period, thereby artificially inflating the price of ImClone publicly traded securities. Throughout the Class Period, as alleged in the Complaint, defendants issued multiple press releases highlighting the successful progress of its "Fast-Track" application to the U.S. Food and Drug Administration ("FDA") for approval of IMC-C225, its blockbuster drug used for the treatment of colorectal cancer and also known as Erbitux, and the positive impact that the drug's approval would have on the Company's revenues. As alleged in the Complaint, these statements were materially false and misleading because, among other things, (i) defendants failed to comply with the FDA's requirements for filing the "Fast Track" application for approval of Erbitux; and (ii) as such, defendants knew, or should have known, that their deficient application would be rejected and would thus negatively impact the Company's future earnings. The Complaint further alleges that defendants filed their application, despite lacking the skill and expertise to make a proper filing, in order to convince Bristol-Myers Squibb Co. (``Bristol-Myers'') to purchase at least $1 billion in ImClone stock, of which approximately $150 million was tendered by ImClone insiders, including the individual defendants, and to convince Bristol-Myers to make an additional $1 billion cash investment in the Company.

The Complaint alleges that on December 28, 2001, ImClone disclosed that the FDA had refused to accept the Company's deficient and defective application for approval of Erbitux, confirming almost two weeks of speculation that had already driven down the price of ImClone's stock by 21%, from a Class Period high of $73.83 per share on December 5, 2001 to $55.25 per share at the close of regular trading on December 28, 2001. Immediately following this shocking revelation, the Complaint alleges, shares of ImClone dropped precipitously, falling $5.25 per share in after hours trading, or 9.5%, to close that session at $50 per share. On December 31, 2001, shares of ImClone continued to trade lower, and closed at $46.46 per share.

If you purchased securities in ImClone during the Class Period set forth above, you may, no later than March 8, 2002, move the Court to serve as a lead plaintiff in the action. In order to serve as a lead plaintiff, however, you must meet certain legal requirements. If you have any questions about your rights with respect to this lawsuit, you may contact Holzer & Holzer, Michael I. Fistel, Jr., Esq. (toll-free) at (888) 508-6832, or inquire via e-mail to michaelfisteljr@msn.com.

Holzer & Holzer has substantial experience representing investors in securities fraud class action lawsuits such as this. Holzer & Holzer is located in Atlanta, GA, but represents investors in securities class action lawsuits throughout the nation. If you have any questions about how you may be able to recover for your losses, or if you would like to consider serving as one of the lead plaintiffs in this lawsuit, you are encouraged to call the Firm.

More information on this and other class actions can be found on the Class Action Newsline at www.primezone.com/ca



            

Contact Data