UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MICHAEL ATLAS, on behalf of himself and all
others similarly situated,
CIVIL ACTION NO.
Plaintiff,
CLASS ACTION COMPLAINT
v. FOR VIOLATIONS OF FEDERAL
SECURITIES LAWS
NUANCE COMMUNICATIONS, INC.;
YOGEN DALAL; RONALD CROEN; BRIAN JURY TRIAL DEMANDED
DANELLA; GRAHAM SMITH; DAIN
RAUSCHER, INC.; GOLDMAN, SACHS &
CO.; MERRILL LYNCH, PIERCE, FENNER
& SMITH, INCORPORATED; THOMAS
WEISEL PARTNERS LLC; and WIT
SOUNDVIEW GROUP, INC.,
Defendants.
Plaintiff, individually and on behalf of all other persons similarly situated, by
undersigned attorneys, for plaintiff's Complaint, allege upon the investigation made by and
plaintiff's counsel, which included, inter alia, a review of relevant filings made by
Communications, Inc. ("Nuance" or the "Company") with the Securities and Exchange Commission,
as well as, tele-conferences, press releases, news articles, analyst reports, and media
concerning the Company. Furthermore, this complaint is based upon plaintiff's personal knowledge
as to plaintiff and plaintiff's own acts, and upon information and belief as to all other matters,
upon the aforementioned investigation.
NATURE OF THE ACTION
1. This is a class action on behalf of all persons, other than defendants
related parties, who purchased, converted, exchanged or otherwise acquired Nuance common stock,
as defined below, including, but not limited to, during the period from April 12, 2000
December 6, 2000 (the "Class Period") to recover damages caused by defendants' violations of the
federal securities law.
SNIPPETS:
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
NUANCE COMMUNICATIONS, INC.;
Plaintiff, individually and on behalf of all other persons similarly situated, by plaintiff's
Communications, Inc. with the Securities and Exchange Commission,
as well as, tele-conferences, press releases, news articles, analyst reports, and media
related parties, who purchased, converted, exchanged or otherwise acquired Nuance common
2000 (the "Class Period") to recover damages caused by defendants' violations of the
alleged malfeasance by major Wall Street securities firms.
York and enforcement officials at the Securities and Exchange Commission are examining
customers in exchange for promises by these customers that they would purchase additional
of the IPOs in the after-market, thereby inflating and maintaining the market price for the
major investment banks including the Underwriter
Commissions for Hot IPOs" by staff reporters Randall Smith and Susan Pulliman.
participants in the IPO boom include Morgan Stanley Dean Witter and Goldman Sachs Groups,
kickbacks of trading profits and commitments to purchase additional shares of IPOs in the
would ensure artificial inflation in the IPO stock price, above the offering price, and
profits for investors able to obtain allocations of stock on the offering - - but before the
Securities Act of 1933 15 U.S.C. §§ 77k, 77land 77o and Sections 10
of the Prospectus dated April 12, 2000, and Registration Statement dated April 12, 2000, and
and misleading, during the Class Period (including the trading of Nuance stock based upon
Defendant Thomas Weisel Partners LLC,
The Nuance Underwriter Defendants each owed to the purchasers of the Company's
unlimited access to copies of the reports and press releases alleged herein to be materially
Manipulated Securities omitted and/or misrepresented material facts about the offering of
In direct contravention to Rules 101 and 102 of Regulation M of the Exchange Act,
with direct participation and agreement of Nuance and the Individual Defendants.
employed manipulation and/or deceptive devices
|
