/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/010628.mbx C L A S S A C T I O N R E P O R T E R Thursday, June 28 2001, Vol. 3, No. 126 Headlines 724 SOLUTIONS: Milberg Weiss Commences Securities Suit In S.D. NY ACCELERATED NETWORKS: Bernstein Liebhard Files NY Securities Suit AVENUE A: Schiffrin & Barroway Files Securities Suit In S.D. New York CACHEFLOW INC.: Cauley Geller Files Securities Suit In S.D. New York CHOLESTECH CORPORATION: Inks $3M Settlement Deal For Securities Suit CHRONIMED INC.: Charles Piven Seeks Class Status In Securities Suit COMMERCE ONE: S.D. NY Securities Suit Filed By Schiffrin & Barroway COVAD COMMUNICATIONS: Lovell, Sirota Law Firms File Suit In S.D. NY DELTATHREE: Milberg Weiss Begins Securities Suit In S.D. New York EL SITIO: Cauley Geller Files Securities Suit In S.D. New York INFOSPACE INC.: W.D. WA Securities Suit Filed By Cohen Milstein INTERVOICE-BRITE: Wolf Haldenstein Files Securities Suit In N.D. TX IPRINT TECHNOLOGIES: Schiffrin Barroway Files S.D. NY Securities Suit NEW FOCUS: Stull Stull Files S.D. New York Securities Suit POLYMEDICA CORPORATION: Plaintiffs Ask Court To Consolidate Two Suits ROBOTIC VISION: Massachusetts Securities Suit Filed By Cauley Geller SEAVIEW VIDEO: Wechsler Harwood Files Securities Suit In M.D. Florida STANDARD COMMERCIAL:Files Motion To Dismiss Deloach Tobacco Complaint TELAXIS COMMUNICATIONS: Schiffrin & Barroway Files Securities Suit TIVO INC.: Cauley Geller Commences Securities Suit In S.D. New York TRANSMETA CORPORATION: Schiffrin Barroway Files Lawsuit In N.D. CA UNDERWRITERS LITIGATION: Milberg Weiss Sues Underwriters Of Retek IPO ********* 724 SOLUTIONS: Milberg Weiss Commences Securities Suit In S.D. NY ----------------------------------------------------------------- Milberg Weiss Bershad Hynes & Lerach LLP filed Tuesday a class action lawsuit on behalf of purchasers of the securities of 724 Solutions, Inc. (NASDAQ:SVNX)(TSE:SVN.TO) between January 27, 2000 and December 6, 2000, inclusive. The action, captioned Derringer v. 724 Solutions, Inc. et al., is pending in the United States District Court, Southern District of New York against the following defendants: (i) 724 Solutions, (ii) Credit Suisse First Boston Corporation, (iii) FleetBoston Robertson Stephens, (iv) Gregory Wolfond, (v) Christopher Erickson, (vi) Andre Boysen, (vii) Kerry McLellan and (viii) Karen Basian The complaint alleges violations of Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. On or about January 27, 2000, 724 Solutions commenced an initial public offering of 6,000,000 of its shares of common stock at an offering price of $26 per share. In connection therewith, 724 Solutions filed a registration statement, which incorporated a prospectus, with the SEC. The complaint further alleges that the Prospectus was materially false and misleading because it failed to disclose, among other things, that: (i) Credit Suisse and Robertson Stephens had solicited and received excessive and undisclosed commissions from certain investors in exchange for which Credit Suisse and Robertson Stephens allocated to those investors material portions of the restricted number of 724 Solutions shares issued in connection with the 724 Solutions IPO; and (ii) Credit Suisse and Robertson Stephens had entered into agreements with customers whereby Credit Suisse and Robertson Stephens agreed to allocate 724 Solutions shares to those customers in the 724 Solutions IPO in exchange for which the customers agreed to purchase additional 724 Solutions shares in the aftermarket at pre-determined prices. For more information, contact: Milberg Weiss Bershad Hynes & Lerach LLP through Steven G. Schulman or Samuel H. Rudman by Phone: 800/320-5081 by E-mail: 724solutionscase@milbergNY.com or visit the firm's Website: http://www.milberg.com ACCELERATED NETWORKS: Bernstein Liebhard Files NY Securities Suit ----------------------------------------------------------------- Bernstein Liebhard & Lifshitz, LLP filed a securities class action lawsuit on behalf all persons who acquired Accelerated Networks, Inc. (NASDAQ: ACCL) securities between June 23, 2000 and June 8, 2001. The case is pending in the United States District Court for the Southern District of New York. Named as defendants in the complaint are Accelerated Networks and the following executive officers of Accelerated Networks: Suresh Nihalani, Frederic T. Boyer, H.R. Johnson, Steven M. Krausz, Peter T. Morris, Robert F. Kuhling, Jr., Lip-Bu Tan, and Anthony T. Mahler. The complaint also names as defendants Credit Suisse First Boston Corporation, UBS Warburg, LLC and U.S. Bancorp. Piper Jaffray, the lead underwriters of the Company's initial public offering of 4,000,000 shares of common stock at $15.00 per share on June 23, 2000 (IPO). The complaint charges defendants with violations of the Securities Act of 1933 and the Securities Exchange Act of 1934 for issuing a Registration Statement and Prospectus that contained materially false and misleading information and failed to disclose material information. For more information, contact: Ms. Linda Flood, Director of Shareholder Relations, at Bernstein Liebhard & Lifshitz, LLP, 10 East 40th Street, New York, New York 10016, (800) 217-1522 or 212-779-1414 or by e-mail at ACCL@bernlieb.com AVENUE A: Schiffrin & Barroway Files Securities Suit In S.D. New York --------------------------------------------------------------------- Schiffrin & Barroway, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York on behalf of all purchasers of the common stock of Avenue A, Inc. (Nasdaq: AVEA) from February 28, 2000 through December 6, 2000, inclusive. The complaint charges Avenue A and certain of its officers and directors with issuing false and misleading statements concerning its business and financial condition. For more information, contact: Schiffrin & Barroway, LLP through Marc A. Topaz, Esq. or Stuart L. Berman, Esq. by Mail: Three Bala Plaza East, Suite 400, Bala Cynwyd, PA 19004 by Phone: 1-888-299-7706 (toll free) or 1-610-667-7706 or by E-mail: info@sbclasslaw.com CACHEFLOW INC.: Cauley Geller Files Securities Suit In S.D. New York -------------------------------------------------------------------- Cauley Geller Bowman & Coates, LLP filed a class action in the United States District Court for the Southern District of New York on behalf of purchasers of CacheFlow Inc. (Nasdaq: CFLO) securities during the period between November 18, 1999 and December 6, 2000, inclusive. The complaint charges the following defendants with violations of Sections 11, 12(a) (2) and 15 of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder: (i) CacheFlow, (ii) Morgan Stanley & Co., Inc., (iii) Credit Suisse First Boston Corporation, (iv) BancBoston Robertson Stephens, (v) Salomon Smith Barney, (vi) Brian M. NeSmith, and (vii) Michael J. Johnson For further details, contact: CAULEY GELLER BOWMAN & COATES, LLP through its Client Relations Department: Jackie Addison, Sue Null or Charlie Gastineau by Mail: P.O. Box 25438, Little Rock, AR 72221-5438 by Phone: 1-888-551-9944 (toll free) or by E-mail: info@classlawyer.com CHOLESTECH CORPORATION: Inks $3M Settlement Deal For Securities Suit -------------------------------------------------------------------- Cholestech Corporation (Nasdaq:CTEC) announced Tuesday that it has reached an agreement to settle all claims with plaintiffs in the 1999 securities class action, Ree v. Pinckert, pending against the Company and certain of its current and former officers. The Company's insurance carrier will pay the settlement amount of $3 million. "While we deny any allegations of wrongdoing, we believe that agreeing to this settlement is in the best financial interests of the Company and its shareholders," said Warren E. Pinckert, president and chief executive officer of Cholestech Corporation. "We are pleased to put this matter behind us. Now, we can focus on the exciting market opportunities for the Company in light of the new NIH cholesterol guidelines to detect, evaluate and treat the millions of American adults with high cholesterol. "We believe that Cholestech is uniquely positioned to provide the tools and information necessary to improve access for widespread cholesterol screening, as well as therapeutic monitoring of the projected 36 million Americans who are expected to use statin drugs," he said. Cholestech offers efficient and economic diagnostic screening for cholesterol, blood sugar and liver function at the point of care. CHRONIMED INC.: Charles Piven Seeks Class Status In Securities Suit ------------------------------------------------------------------- Law Offices Of Charles J. Piven, P.A. filed a private securities action requesting class action status on behalf of purchasers of the common stock of CHRONIMED, INC. (NASDAQ:CHMDE) during the period October 27, 1999 through and including June 13, 2001. For more details, contact: The Law Offices Of Charles J. Piven, P.A. at The World Trade Center-Baltimore, 401 East Pratt Street, Suite 2525, Baltimore, Maryland 21202, by email at pivenlaw1@erols.com or by calling 410/986-0036. COMMERCE ONE: S.D. NY Securities Suit Filed By Schiffrin & Barroway ------------------------------------------------------------------- Schiffrin & Barroway, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York on behalf of all purchasers of the common stock of Commerce One, Inc. (Nasdaq: CMRC) from July 1, 1999 through December 6, 2000, inclusive. The complaint charges Commerce One and certain of its officers and directors with issuing false and misleading statements concerning its business and financial condition. For additional information, contact: Schiffrin & Barroway, LLP through Marc A. Topaz, Esq. or Stuart L. Berman, Esq. by Mail: Three Bala Plaza East, Suite 400, Bala Cynwyd, PA 19004 by Phone: 1-888-299-7706 (toll free) or 1-610-667-7706 or by E-mail: info@sbclasslaw.com COVAD COMMUNICATIONS: Lovell, Sirota Law Firms File Suit In S.D. NY ------------------------------------------------------------------- The law firms of Lovell & Stewart, LLP and Sirota & Sirota, LLP filed Tuesday a class action lawsuit on behalf of all persons and entities who purchased, converted, exchanged or otherwise acquired the common stock of Covad Communications Group, Inc. (NasdaqNM:COVDE) between October 21, 1999 and January 4, 2001, inclusive. The lawsuit asserts claims under Sections 11, 12 and 15 of the Securities Act of 1933 and Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated by the SEC thereunder and seeks to recover damages. The action, Korsinsky v. Covad Communications Group, Inc., et al., is pending in the U.S. District Court for the Southern District of New York, Docket No. 01-CV-5834 (LMM), and has been assigned to the Hon. Lawrence M. McKenna, U.S. District Judge. The complaint alleges that Covad Communications Group, Inc., Robert E. Knolling, Jr., its President and CEO, Charles McMinn, its Chairman, Timothy Leahy, its CFO, and Frank Marshall, a member of its board, violated the federal securities laws. For additional information, contact: Lovell & Stewart, LLP through Christopher Lovell, Victor E. Stewart or Christopher J. Gray by Phone: 212/608-1900 or by E-mail: sklovell@aol.com or contact: Sirota & Sirota, LLP through Howard B. Sirota or Saul Roffe by Phone: 212/425- 9055 or by E-mail: info@sirotalaw.com DELTATHREE: Milberg Weiss Begins Securities Suit In S.D. New York ----------------------------------------------------------------- Milberg Weiss Bershad Hynes & Lerach LLP filed Tuesday a class action lawsuit on behalf of purchasers of the securities of deltathree.com, Inc. (NASDAQ:DDDC) between November 23, 1999 and December 6, 2000, inclusive. The action, captioned Lane v. deltathree.com, Inc. et al., is pending in the United States District Court, Southern District of New York against defendants deltathree, Lehman Brothers, Inc., Merrill Lynch, Fenner & Smith Incorporated, Bear, Stearns & Co., Inc., Goldman Sachs & Co. Amos Sela and Mark J. Hirschhorn. The complaint alleges violations of Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. On or about November 23, 1999, deltathree commenced an initial public offering of 6,000,000 of its shares of common stock at an offering price of $15 per share. In connection therewith, deltathree filed a registration statement, which incorporated a prospectus, with the SEC. The complaint further alleges that the Prospectus was materially false and misleading because it failed to disclose, among other things, that: (i) Lehman Brothers, Merrill Lynch, Bear Stearns and Goldman Sachs had solicited and received excessive and undisclosed commissions from certain investors in exchange for which Lehman Brothers, Merrill Lynch, Bear Stearns and Goldman Sachs allocated to those investors material portions of the restricted number of deltathree shares issued in connection with the deltathree IPO; and (ii) Lehman Brothers, Merrill Lynch, Bear Stearns and Goldman Sachs had entered into agreements with customers whereby Lehman Brothers, Merrill Lynch, Bear Stearns and Goldman Sachs agreed to allocate deltathree shares to those customers in the deltathree IPO in exchange for which the customers agreed to purchase additional deltathree shares in the aftermarket at pre-determined prices. For further details, contact: Milberg Weiss Bershad Hynes & Lerach LLP, New York through Steven G. Schulman or Samuel H. Rudman by Phone: 800/320-5081 by E-mail: delathreecase@milbergNY.com or visit the firm's Website: http://www.milberg.com EL SITIO: Cauley Geller Files Securities Suit In S.D. New York --------------------------------------------------------------- Cauley Geller Bowman & Coates, LLP filed Monday a class action in the United States District Court for the Southern District of New York on behalf of purchasers of El Sitio, Inc. (Nasdaq: LCTO) securities during the period between December 9, 1999 and December 6, 2000, inclusive. The complaint charges the following defendants with violations of Sections 11, 12(a) (2) and 15 of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder: (i) El Sitio, (ii) Credit Suisse First Boston Corporation, (iii) Lehman Brothers, Inc., (iv) Merrill Lynch, Pierce, Fenner & Smith, Incorporated, (v) Salomon Smith Barney, Inc., (vi) BancBoston Robertson Stephens, Inc., (vii) Roberto Cibrian-Campoy, (viii) Roberto Viv-Chaneton, (ix) Horacio Milberg and (x) Alfredo Jimenez De Arechaga For more information, contact: CAULEY GELLER BOWMAN & COATES, LLP through its Client Relations Department: Jackie Addison, Sue Null or Charlie Gastineau by Mail: P.O. Box 25438, Little Rock, AR 72221-5438 by Phone: 1-888-551-9944 (toll free) or by E-mail: info@classlawyer.com INFOSPACE INC.: W.D. WA Securities Suit Filed By Cohen Milstein --------------------------------------------------------------- Cohen, Milstein, Hausfeld & Toll, P.L.L.C. filed a lawsuit in the United States District Court for the Western District of Washington on behalf of persons who purchased InfoSpace Inc. (Nasdaq:INSP) common stock during the period between January 26, 2000 through January 30, 2001. The complaint charges InfoSpace and its founder and Chairman, Naveen Jain, with violations of sections 10(b) and 20(a) of the Securities Exchange Act of 1934. For more details, contact: Cohen Milstein Hausfeld & Toll, P.L.L.C. through Matthew J. Ide (mide@cmht.com) by Mail: 999 Third Avenue, Suite 3600, Seattle, Washington 98104 by Phone: 206-521-0080, 1-888-240-1238 (toll free) or by Fax: 206-521-0080 INTERVOICE-BRITE: Wolf Haldenstein Files Securities Suit In N.D. TX ------------------------------------------------------------------- Wolf Haldenstein Adler Freeman & Herz LLP filed a class action lawsuit in the United States District Court for the Northern District of Texas, Dallas Division on behalf of all purchasers of InterVoice-Brite, Inc. (InterVoice or the Company) (NASDAQ: INTV) securities between October 12, 1999 and June 6, 2000. The following are the defendants named in the suit: (i) InterVoice, (ii) Daniel D. Hammond (Chairman of the Board of InterVoice and until June 2000, CEO of the Company), (iii) Rob-Roy J. Graham (Chief Financial Officer), (iv) David W. Brandenburg (a director of the Comapny and since June 2000, CEO of the Company), (v) Gordon H. Givens (Senior Vice President-Business Systems), (vi) Michael J. Polcyn (Vice President-Packaged Products Line of Business), (vii) David A. Berger (President and Chief Operating Officer), (viii) Dwain H. Hammond (Senior Vice President-Engineering), (ix) Harold D. Brown (Vice President-Human Resources), and (x) M. Gregory Smith (Senior Vice President-Business System Sales and Marketing Communications). The case is numbered 301-CV1203-D, and it is pending before the Honorable Sidney A. Fitzwater. The complaint alleges that defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by making false and misleading statements about InterVoice's business, its financial results, the success of its integration with Brite (which InterVoice agreed to acquire in April 1999), and its prospects. As a result of this, InterVoice's stock was inflated to as high as $38.75 per share. For further details, contact: Wolf Haldenstein Adler Freeman & Herz LLP at 270 Madison Avenue, New York, New York 10016, by telephone at (800) 575-0735 (Michael Miske, George Peters, Gregory M. Nespole, Esq., or Fred Taylor Isquith, Esq.), via e-mail at classmember@whafh.com or visit the firm's website at www.whafh.com. All e-mail correspondence should make reference to InterVoice. IPRINT TECHNOLOGIES: Schiffrin Barroway Files S.D. NY Securities Suit --------------------------------------------------------------------- Schiffrin & Barroway, LLP filed Monday a class action lawsuit in the United States District Court for the Southern District of New York on behalf of all purchasers of the common stock of iPrint Technologies, Inc. (Nasdaq: IPRT) from March 8, 2000 through December 6, 2000, inclusive. The complaint charges iPrint and certain of its officers and directors with issuing false and misleading statements concerning its business and financial condition. For more information, contact: Schiffrin & Barroway, LLP through Marc A. Topaz, Esq. or Stuart L. Berman, Esq. by Mail: Three Bala Plaza East, Suite 400, Bala Cynwyd, PA 19004 by Phone: 1-888-299-7706 (toll free) or 1-610-667-7706 or by E-mail: info@sbclasslaw.com NEW FOCUS: Stull Stull Files S.D. New York Securities Suit ---------------------------------------------------------- Stull, Stull & Brody filed Tuesday a class action lawsuit in the United States District Court for the Southern District of New York, on behalf of purchasers of New Focus, Inc. (NASDAQ:NUFO) common stock between May 18, 2000 and June 11, 2001, inclusive. The complaint alleges that defendants New Focus, Inc., Milton Chang, David L. Lee, John Dexheimer, Winston S. Fu, R. Clark Harris, Robert D. Pavey and Kenneth E. Westrick violated the federal securities laws by issuing and selling New Focus common stock pursuant to the May 18, 2000 IPO without disclosing to investors that some of the underwriters in the offering, including the lead underwriters, had solicited and received excessive and undisclosed commissions from certain investors. The complaint further alleges that defendants violated the Securities Act of 1933 because the Prospectus distributed to investors and the Registration Statement filed with the SEC in order to gain regulatory approval for the New Focus offering contained material misstatements regarding the commissions that the underwriters would derive from the IPO transaction and failed to disclose the additional commissions. For further details, contact: Tzivia Brody, Esq. at Stull, Stull & Brody by calling toll-free 1-800-337-4983, or by e-mail at SSBNY@aol.com, or by fax at 212/490-2022, or by writing to Stull, Stull & Brody, 6 East 45th Street, New York, NY 10017. POLYMEDICA CORPORATION: Plaintiffs Ask Court To Consolidate Two Suits --------------------------------------------------------------------- PolyMedica Corporation recently reported that plaintiffs in two securities suits pending in Massachusetts against the Company have agreed to consolidate their actions. According to the Company, Trust Advisors Equity Plus LLC asked the U.S. District Court for the District Of Massachusetts to consolidate its case with the Bowe Complaint during a hearing last January 26. The Bowe Complaint was filed by Richard Bowe on November 27, 2000. Both the complaint of Trust Advisor and Bowe allege violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder and seeks unspecified damages, attorneys' fees and costs. The Court has not yet ruled on the consolidation motion, the Company said in a recent regulatory filing with the Securities and Exchange Commission. ROBOTIC VISION: Massachusetts Securities Suit Filed By Cauley Geller -------------------------------------------------------------------- Cauley Geller Bowman & Coates, LLP filed a class action in the United States District Court for the District of Massachusetts on behalf of purchasers of Robotic Vision Systems, Inc. (Nasdaq: ROBV) securities during the period between January 27, 2000 and May 15, 2001, inclusive. The complaint charges Robotic and certain of its officers and directors with violating the federal securities laws by issuing a series of material misrepresentations to the market during the Class Period, thereby artificially inflating the price of Robotic securities. For further details, contact: CAULEY GELLER BOWMAN & COATES, LLP through its Client Relations Department: Jackie Addison, Sue Null or Charlie Gastineau by Mail: P.O. Box 25438, Little Rock, AR 72221-5438 by Phone: 1-888-551-9944 (toll free) or by E-mail: info@classlawyer.com SEAVIEW VIDEO: Wechsler Harwood Files Securities Suit In M.D. Florida --------------------------------------------------------------------- Wechsler Harwood Halebian & Feffer LLP filed a class action lawsuit in the United States District Court for the Middle District of Florida, Tampa Division, on behalf of purchasers of SeaView Video Technology, Inc. (OTC Bulletin Board: SEVU.OB) during the period between March 30, 2000 and March 19, 2001, inclusive. The complaint alleges that defendants SeaView Video Technology, Inc. and Richard McBride, President and Chief Executive Officer of SeaView during most of the Class Period, violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, by issuing a series of material misrepresentations to the market. For further details, contact: Wechsler Harwood Halebian & Feffer LLP through Patricia Guiteau (E-mail: pguiteau@whhf.com) by Mail: 488 Madison Avenue 8th Floor, New York, NY 10022 by Phone: 877-935-7400 ext. 232 or visit the firm's Website: http://www.whhf.com STANDARD COMMERCIAL:Files Motion To Dismiss Deloach Tobacco Complaint --------------------------------------------------------------------- Standard Commercial Corporation recently disclosed that it has filed a motion to dismiss along with several other leaf tobacco merchants to the Third Amended Complaint in the Deloach Suit. The amended complaint was filed on February 26 this year, naming the company and other leaf merchants as defendants in Deloach, et al. v. Philip Morris Inc., et al. This suit was originally filed against US cigarette manufacturers in the US district Court for the District of Columbia and now pending in the United States District Court for the Middle District of North Carolina, Greensboro Division (Case No. 00-CV-1235). The Deloach suit alleges that defendants violated antitrust laws by bid-rigging at tobacco auctions and by conspiring to undermine the tobacco quota and price support program administered by the federal government. The Company filed its motion to dismiss on March 14, 2001. TELAXIS COMMUNICATIONS: Schiffrin & Barroway Files Securities Suit ------------------------------------------------------------------ Schiffrin & Barroway, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York on behalf of all purchasers of the common stock of Telaxis Communications Corporation (Nasdaq: TLXS) from February 1, 2000 through December 6, 2000, inclusive. The complaint charges Telaxis and certain of its officers and directors with issuing false and misleading statements concerning its business and financial condition. For more information, contact: Schiffrin & Barroway, LLP through Marc A. Topaz, Esq. or Stuart L. Berman, Esq. by Mail: Three Bala Plaza East, Suite 400, Bala Cynwyd, PA 19004 by Phone: 1-888-299-7706 (toll free) or 1-610-667-7706 or by E-mail: info@sbclasslaw.com TIVO INC.: Cauley Geller Commences Securities Suit In S.D. New York ------------------------------------------------------------------- Cauley Geller Bowman & Coates, LLP filed a class action in the United States District Court for the Southern District of New York on behalf of purchasers of Tivo, Inc. (Nasdaq: TIVO) securities during the period between September 29, 1999 and December 6, 2000, inclusive. The complaint charges the following defendants with violations of Sections 11, 12(a) (2) and 15 of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder: (i) Tivo, (ii) Credit Suisse First Boston Corporation, (iii) BancBoston Robertson Stephens, (iv) Hambrecht & Quist LLC, (v) Michael Ramsay, (vi) James Barton and (vii) David H. Courtney For additional information, contact: CAULEY GELLER BOWMAN & COATES, LLP through its Client Relations Department: Jackie Addison, Sue Null or Charlie Gastineau by Mail: P.O. Box 25438, Little Rock, AR 72221-5438 by Phone: 1-888-551-9944 (toll free) or by E-mail: info@classlawyer.com TRANSMETA CORPORATION: Schiffrin Barroway Files Lawsuit In N.D. CA ------------------------------------------------------------------ Schiffrin & Barroway, LLP filed a class action lawsuit in the United States District Court for the Northern District of California on behalf of all purchasers of the common stock of Transmeta Corporation (Nasdaq: TMTA) from November 7, 2000 through June 20, 2001, inclusive. For additional information, contact: Schiffrin & Barroway, LLP through Marc A. Topaz, Esq. or Stuart L. Berman, Esq. by Mail: Three Bala Plaza East, Suite 400, Bala Cynwyd, PA 19004 by Phone: 1-888-299-7706 (toll free) or 1-610-667-7706 or by E-mail: info@sbclasslaw.com UNDERWRITERS LITIGATION: Milberg Weiss Sues Underwriters Of Retek IPO --------------------------------------------------------------------- Milberg Weiss Bershad Hynes & Lerach LLP filed Tuesday a class action lawsuit on behalf of purchasers of the securities of Retek, Inc. (NASDAQ: RETK) between November 17, 1999 and December 6, 2000, inclusive. The action is pending in the United States District Court for the Southern District of New York against defendants Credit Suisse First Boston Corporation and BancBoston Robertson Stephens, Inc. The complaint alleges violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. On or about November 17, 1999, Retek commenced an initial public offering of 5,500,000 of its shares of common stock at an offering price of $15 per share. In connection therewith, Retek filed a registration statement, which incorporated a prospectus, with the SEC. The complaint further alleges that the Prospectus was materially false and misleading because it failed to disclose, among other things, that: (i) defendants had solicited and received excessive and undisclosed commissions from certain investors in exchange for which defendants allocated to those investors material portions of the restricted number of Retek shares issued in connection with the Retek IPO; and (ii) defendants had entered into agreements with customers whereby defendants agreed to allocate Retek shares to those customers in the Retek IPO in exchange for which the customers agreed to purchase additional Retek shares in the aftermarket at pre- determined prices. As alleged in the complaint, the SEC is investigating underwriting practices in connection with several other initial public offerings. For more information, contact: Milberg Weiss Bershad Hynes & Lerach LLP through Steven G. Schulman or Samuel H. Rudman by Phone: (800) 320-5081 by E-mail: Retekcase@milbergNY.com or visit the firm's Website: http://www.milberg.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Trenton, New Jersey, and Beard Group, Inc., Washington, D.C. Enid Sterling, Larri-Nil Veloso and Lyndsey Resnick, Editors. Copyright 2001. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $575 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Christopher Beard at 301/951-6400. * * * End of Transmission * * *