Monthly Archives: March 2012

ZELTIQ Aesthetics Securities Fraud Lawsuit (NASDAQ: ZLTQ)

National securities law firm Gilman Law LLP announces that a ZELTIQ Aesthetics class action securities fraud lawsuit has been commenced against ZELTIQ Aesthetics, Inc. (“ZELTIQ”) (NASDAQ: ZLTQ) and certain of its officers and directors in Superior Court of the State of California for the County of Alameda. 

The ZELTIQ Aesthetics securities fraud lawsuit alleges that ZELTIQ violated Federal securities laws by issuing false and misleading information or omissions in the Company’s Registration Statement and Prospectus, issued in connection with the Offering that was completed on October 24, 2011.  

If you purchased or otherwise acquired shares of ZELTIQ pursuant to and/or traceable to the Company’s initial public offer (the “IPO” or “Offering”) in October 2011, you should contact Gilman Law LLP to discuss your rights as to recovery of your losses or for additional information.  For a free evaluation of your case, please complete the online form or CALL TOLL FREE (888) 252-0048.

Based in Pleasanton, California, ZELTIQ is a medical technology company that engages in developing and commercializing non-invasive products for the selective reduction of fat.  ZELTIQ went public in October 2011, which raised $89.3 million, at $13.00 per share.  The complaint alleges that ZELTIQ’s Registration Statement failed to disclose, among other things, that the Company was going to initiate a transition to a direct sales force in certain key international markets in the 2011 fiscal fourth quarter, which would negatively impact the Company’s near term financial performance.  The suit further alleges that the Company’s business during the fiscal fourth quarter was subject to seasonal trends that negatively impacted its financial performance. 

Once ZELTIQ issued a press release on March 6, 2012 announcing fourth quarter 2011 sales and profits well below analyst estimates, shares of ZELTIQ declined $3.75 per share, or 33.75%, to close at $7.36 per share, on unusually heavy trading volume.  The closing price represented a cumulative loss of $5.64, or 43.38%, of the value of Company’s shares at the IPO price of $13.00 per share.

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O’Charley’s Lawsuit Investigation Over Acquisition By Fidelity National Financial

O’Charley’s Lawsuit Investigation | Breaches of Fiduciary Duties | Self Dealing | Violations in Acquisition | Fidelity National Financial Acquisition

Gilman Law LLP, a national securities law firm, announces a class action lawsuit investigation on behalf of O’Charley’s common stock shareholders. The O’Charley’s investigation concerns possible breaches of fiduciary duty and other violations of the law by directors and/or officers of O’Charley’s, Inc., related to the sale of the company to Fidelity National Financial, Inc.

If you own shares of stock in O’Charley’s, Inc. and would like more information concerning your rights and potential remedies, please contact Gilman Law LLP at (239) 221-8301 or submit the free consultation form to speak with a securities attorney at Gilman Law LLP. O’Charley’s common stock shareholders may be able to file a class action lawsuit to preserve their right to vote on the details of the transaction.

O’Charley’s Acquisution Details

The investigation concerns the terms of the O’Charley’s acquisition with Fidelity. Specifically, the terms of the deal indicate that shareholders will receive $9.85 in cash for each share of O’Charley’s common stock. Fidelity National Financial currently owns over 2 million, or approximately 9.5%, of all outstanding shares of O’Charley’s common stock. Further, Fidelity announced that it plans to commence a tender offer for the remaining shares on or about February 24, 2012.

Gilman Law LLP is focused on whether the directors and officers of O’Charley’s are undertaking a fair process to obtain maximum value and adequately compensate the common stock shareholders. Analysts polled by Bloomberg had only expected O’Charley’s revenue of $181 million for quarterly revenue, when the company actually reported revenue of $182.16 million.

The terms of the deal also provide that O’Charley’s officers and directors will remain employed by the surviving corporation. Gilman Law LLP is investigating whether the directors and officers engaged in any type of self-dealing or other employment guarantees when making the decisions to enter into the deal.

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Helping Victims of Investment Fraud for Over 32 Years

The securities attorneys at Gilman Law have over 35 years of experience litigating securities cases as well as other types of class action cases, and have been involved in all major aspects of securities litigation. Our securities lawyers focus their practice on cases involving stock manipulation, securities fraud, investments fraud, shareholder rights violations, and securities arbitration. For a free evaluation of your case, please contact our national securities lawyers TOLL FREE at (239) 221-8301.

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Illumina Class Action Lawsuit Alleging Conflict of Interest in Proposed Acquisition by Roche

Illumina Class Action Lawsuit Announced by Gilman Law LLP on Behalf of Shareholders Alleging Conflict of Interest in Recent Proposed Acquisition by Roche

Illumina Class Action Lawsuit was filed by shareholders in Illumina, Inc.(NASDAQ:ILMN) alleging conflicts of interest in the recent proposed acquisition by Roche. The plaintiffs allege that the defendants breached their fiduciary duties by, among other things, by refusing to engage in negotiations and/or substantive dialogue with Roche which resulted in the defendants failing to get the best price for Illumina shareholders.

Those investors who purchased or otherwise acquired Illumina, Inc. shares and currently hold those shares should complete the free consultation. Investors may contact Gilman Law LLP by phone at (239) 221-8301, by email at kgilman@gilmanpastor.com, or by completing the free consultation form below.

Illumina Class Action Lawsuit Details

During December 2011, Roche communicated to top executives at Illumina, that Roche had an interest in acquiring Illumina. Plaintiffs claim that shortly thereafter Roche formally offered to acquire all of the shares of Illumina’s common stock. Instead of considering this offer or negotiating a higher bid, Defendants, at the advice of Goldman Sachs, flatly rejected the offer. Goldman Sachs benefited financial from its recommendation that Illumina reject the Roche offer.

On January 24, 2012, Roche publicly announced that it wanted to acquire all outstanding shares of Illumina, Inc. for $44.50 per share. Following the announcement Illumina shares surged on January 25, 2012 above the current offer and closed as high as $55.15.

Again, instead of negotiating a higher price Illumina announced on January 26, 2012 that its Board of Directors adopted a “Rights Agreement,” a/k/a poison pill, which allows directors to deflect offers for a company. Plaintiffs claim that defendants failed to act in the best interest of shareholders and failed to maximize the value shareholders would receive by depriving the Illumina, Inc. public stockholders of the opportunity to fully realize the benefits of their investment.

About Gilman Law LLP

The securities law attorneys of Gilman Law have more than 35 years of experience in securities law and have been involved in all major aspects of securities litigation. Gilman Law handles cases involving stock manipulation, securities fraud, investments fraud, shareholder rights violations, and securities arbitration.

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Great Wolf Breach of Fiduciary Duty Investigation Concerning Buyout of Great Wolf Resorts by Apollo Global Management

Investigation into Breach of Fiduciary Duty Claims concerning the Acquisition of Great Wolf Resorts by Apollo Global Management by Leading National Securities Law Firm Gilman Law LLP

The National Securities Law Firm Gilman Law LLP is investigating potential breach of fiduciary duty claims by current shareholders of Great Wolf Resorts, Inc. (“Great Wolf”) (NASDAQ: WOLF) against the board of directors of Great Wolf in connection with their efforts to sell the Company to Apollo Global Management, LLC (NYSE: APO), a leading global asset manager. 

On March 13, 2012, Great Wolf announced that it had entered into a definitive merger agreement to be acquired by Apollo.  According to the terms of the deal, Apollo will purchase all outstanding shares of Great Wolf common stock for $5.00 per share.  However, one leading market analyst released a target price of Great Wolf shares at $6.00 per share.  Gilman Law is investigating whether Great Wolf shareholders are receiving adequate compensation for their shares in the buyout, whether the transaction undervalues Great Wolf stock, and whether Great Wolf’s board attempted to obtain the highest share price for all shareholders prior to agreeing to the deal.

If you are a current shareholder of Great Wolf and would like to learn more about the breach of fiduciary duty investigation by the National Securities Law Firm Gilman Law LLP, you may contact our office for a free consultation by calling (239) 221-8301 or by completing the free consultation form online.

About the National Securities Law Firm Gilman Law LLP

The leading national securities law attorneys at Gilman Law have over 35 years of experience litigating securities and other class action cases. Our firm has been involved in all major aspects of securities litigation, including cases involving stock manipulation, securities fraud, investment fraud, and shareholder rights violations, as well as securities class action suits on behalf of both individual and institutional investors.

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Health Management Shareholders Advised of Upcoming Deadline of March 26, 2012 Concerning Alleged Securities Fraud Violations

Gilman Law LLP, a leading national securities fraud law firm located in Naples, Florida, announces a securities fraud class action lawsuit has been filed on behalf of purchasers of the common stock of Health Management Associates, Inc. (“Health Management” or the “Company”) concerning whether the company and certain of its officers and directors have violated federal securities laws.  Click here to view the press release.  

If you purchased or otherwise acquired the common stock of Health Management Associates, Inc. during the period between July 27, 2009 and January 9, 2012 (the “Class Period”) and either lost money on the transaction or still hold the shares, you should contact Securities Fraud Law Firm of Gilman Law LLP by March 26, 2012 to discuss your rights, including as to recovery of your losses or to obtain additional information.

For a free evaluation of your Health Management Securities Fraud case, please contact Gilman Law TOLL FREE at (888) 252-0048.

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Awards & Recognition

The Securities and Investment Fraud Attorneys at Gilman Law LLP have been recognized by numerous leading legal publications:

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