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CAPELLI v ONYX SOFTWARE CORP Click to find out why . . .



Keywords & Phrases
CaseNo: CVOSC148457, Plaintiff: CAPELLI, State: WA Washington, UniqueCaseRef: LCD>CVOSC148457, Onyx, Stock, Publicly Traded Securities, Management, Offering, Enterprise, Revenue, Acquisition, Onyx Software, Damages, Customers, Conference, Prospects, Revenuelab, Federal Securities Laws, Purchased Stock Pursuant, Accounting Principals, Misleading, Agreements, Gaap, License Revenues, Eps, Transactions, Software Corporation, Service Organizations, Restatement, Class Action, Fasb Statement , ContentID: 120248143

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 119969
28 pages
PDF
Total Documents: 1 document , 28 pages
Price: $ 19.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
DEFENDANTS
STOCK
PUBLICLY TRADED SECURITIES
MANAGEMENT
OFFERING
ENTERPRISE
REVENUE
ACQUISITION
ONYX SOFTWARE
DAMAGES
CUSTOMERS
CONFERENCE
BUSINESS
PROSPECTS
REVENUELAB
FEDERAL SECURITIES LAWS
PURCHASED STOCK PURSUANT
ACCOUNTING PRINCIPALS
MISLEADING
AGREEMENTS
GAAP
LICENSE REVENUES
EPS
TRANSACTIONS
SOFTWARE CORPORATION
SERVICE ORGANIZATIONS
RESTATEMENT
CLASS ACTION
FASB STATEMENT
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7                                   UNITED STATES DISTRICT COURT

8                                  WESTERN DISTRICT OF WASHINGTON

9                                              AT SEATTLE

10    Phillip  Capelli,  on  behalf  of  himself )     CASE NO.
      and all others similarly situated,          )
11                                                )
                          Plaintiff,              )    CLASS ACTION COMPLAINT FOR VIOLATION
12                                                )    OF THE FEDERAL SECURITIES LAWS
             v.                                   )
13                                                )
      ONYX  SOFTWARE  CORPORATION, BRENT R. )
14    FREI and AMY E. KELLERAN,                   )
                                                  )
15                        Defendants              )
      _____________________________________       )    JURY TRIAL DEMANDED
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SNIPPETS:
  • ONYX SOFTWARE CORPORATION, BRENT R.)
  • SOFTWARE CORPORATION or the publicly traded securities,
  • including those who purchased stock pursuant to ONYX's secondary stock offering
  • to recover damages caused by defendants' violation of the
  • management enterprise applications, designed to connect clients' sales,
  • 10 marketing and service organizations with customers,
  • 13 discuss the RevenueLab acquisition and the Company's business and prospects.
  • 20 of ONYX's stock, ONYX successfully completed the secondary offering, raising net
  • artificially high prices because the defendants concealed the fact that ONYX's
  • A summary of the restatement is as follows:
  • Individual Defendants conduct business in, and the wrongful conduct took place
  • misleading.
  • 18 their claims in a class action will provide substantial benefits to the parties
  • 22 violations of the federal securities laws.
  • 17 ONYX a "Buy-Aggressive," forecast 2000 and 2001 EPS of $0.06 and $0.18
  • revenue and EPS estimates of $34.9 million and $0.02,
  • 14 telephone and web conference call to discuss the acquisition of RevenueLab.
  • Software license revenues for the
  • 11 ONYX's 4Q00 and 2000 results were misstated, due to the use of side agreements
  • 13 Accepted Accounting Principals,
  • transactions in the fourth quarter of 2000 and resulted in a $2.2
  • 15 ONYX's results and were presented in violation of GAAP and SEC Rules.
  • credit and similar decisions (FASB Statement of Concepts No.
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