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CRITICAL PATH INC CLASS ACTION LITIGATION Click to find out why . . .



Keywords & Phrases
CaseNo: CPICAL206462, CourtName: CLASS ACTION CASES, State: PA Pennsylvania, UniqueCaseRef: LCD>CPICAL206462, Critical Path, Revenue, Class Action, Stock, Securities, Class Action Complaint, Motion, Federal Securities Laws, Lead Plaintiff, Act, San Francisco, Common Stock, Class Period, Customers, Violation, Excluding Special Charges, Market, Thomson-csf, Amended Class Action, Lerach Llp, Demand, Messaging Infrastructure, Net Loss, Thomson-csf Ventures, Rubash, Enterprise, United States, Hickey, Lead Plaintiffs, Accounting, Bidding, California, Transactions, Internet Messaging Infrastructure, William , ContentID: 120249613

Case Documents
1   REPLY MEMO
[ see first page and extracted highlights below  ] ItemID: 122373
13 pages
TXT
2   PROPOSED ORDER
[ see first page and extracted highlights below  ] ItemID: 122372
4 pages
TXT
3   PROPOSED ORDER GRANTING THE MOTION TO CONSOLIDATE
[ see first page and extracted highlights below  ] ItemID: 122370
7 pages
TXT
4   PROPOSED ORDER GRANTING MOTION
[ see first page and extracted highlights below  ] ItemID: 122369
4 pages
PDF
5   PROOF OF SERVICE
[ see first page and extracted highlights below  ] ItemID: 122368
8 pages
PDF
6   MEMO IN OPPOSITION TO MOTIONS SEEKING APPOINTMENT
[ see first page and extracted highlights below  ] ItemID: 122364
22 pages
TXT
7   DECLARATION OF EX KANO S
[ see first page and extracted highlights below  ] ItemID: 122362
4 pages
TXT
8   DECLARATION OF CHRISTOPHER P
[ see first page and extracted highlights below  ] ItemID: 122361
4 pages
TXT
9   DECLARATION OF CHRISTOPHER P
[ see first page and extracted highlights below  ] ItemID: 122360
4 pages
TXT
10   COMPLAINT B 8
[ see first page and extracted highlights below  ] ItemID: 122357
16 pages
TXT
11   COMPLAINT B 7
[ see first page and extracted highlights below  ] ItemID: 122356
19 pages
TXT
12   COMPLAINT B 6
[ see first page and extracted highlights below  ] ItemID: 122355
19 pages
TXT
13   COMPLAINT B 5
[ see first page and extracted highlights below  ] ItemID: 122354
19 pages
TXT
14   COMPLAINT B 4
[ see first page and extracted highlights below  ] ItemID: 122353
14 pages
TXT
15   COMPLAINT B 3
[ see first page and extracted highlights below  ] ItemID: 122352
19 pages
TXT
16   COMPLAINT B 20
[ see first page and extracted highlights below  ] ItemID: 122351
22 pages
PDF
17   COMPLAINT B 2
[ see first page and extracted highlights below  ] ItemID: 122350
20 pages
PDF
18   COMPLAINT B 19
[ see first page and extracted highlights below  ] ItemID: 122349
39 pages
PDF
19   COMPLAINT B 18
[ see first page and extracted highlights below  ] ItemID: 122348
21 pages
TXT
20   COMPLAINT B 17
[ see first page and extracted highlights below  ] ItemID: 122347
21 pages
TXT
21   COMPLAINT B 16
[ see first page and extracted highlights below  ] ItemID: 122346
13 pages
TXT
22   COMPLAINT B 15
[ see first page and extracted highlights below  ] ItemID: 122345
19 pages
TXT
23   COMPLAINT B 13
[ see first page and extracted highlights below  ] ItemID: 122343
20 pages
TXT
24   COMPLAINT B 12
[ see first page and extracted highlights below  ] ItemID: 122342
20 pages
TXT
25   COMPLAINT B 11
[ see first page and extracted highlights below  ] ItemID: 122341
13 pages
TXT
26   COMPLAINT B 10
[ see first page and extracted highlights below  ] ItemID: 122340
13 pages
TXT
27   COMPLAINT B 1
[ see first page and extracted highlights below  ] ItemID: 122339
20 pages
TXT
28   COMPLAINT A
[ see first page and extracted highlights below  ] ItemID: 122338
33 pages
PDF
29 2001-12-13 MOTION AND MEMO IN SUPPORT OF MOTION TO REMAND
[ see first page and extracted highlights below  ] ItemID: 122367
14 pages
PDF
30 2001-12-13 DECLARATION OF ALAN SCHULMAN
[ see first page and extracted highlights below  ] ItemID: 122359
3 pages
PDF
31 2001-06-28 MOTION AND MEMO IN SUPPORT OF LEAVE TO FILE MOTION
[ see first page and extracted highlights below  ] ItemID: 122365
11 pages
PDF
32 2001-05-10 MOTION AND MEMO IN SUPPORT OF MOTION TO BE APPOINTED
[ see first page and extracted highlights below  ] ItemID: 122366
17 pages
PDF
33 2001-05-03 CERTIFICATE OF SERVICE
[ see first page and extracted highlights below  ] ItemID: 122337
5 pages
PDF
34 2001-04 PROPOSED ORDER IN SUPPORT OF MOTION TO REMAND
[ see first page and extracted highlights below  ] ItemID: 122371
3 pages
PDF
35 2001-04 DECLARATION OF LEIGH A
[ see first page and extracted highlights below  ] ItemID: 122363
3 pages
PDF
36 2000-11-02 COMPLAINT B 14
[ see first page and extracted highlights below  ] ItemID: 122344
24 pages
PDF
37 2000-04-20 COMPLAINT B 9
[ see first page and extracted highlights below  ] ItemID: 122358
13 pages
TXT
Total Documents: 37 documents , 543 pages
Price: $ 199.95


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1 . REPLY MEMO

EXTRACTED KEY WORDS
THOMSON-CSF
BELL
NEHRING
COURT
COUNSEL
CRITICAL PATH
MOTION
SUPPORT
APPOINTED LEAD
CLASS PERIOD
MILBERG WEISS BERSHAD
WILLIAM JAMES BELL
WESTGREEN HOLDINGS LLC
SAN FRANCISCO
CLASS MEMBERS
ALEXANDER NEHRING
MEMORANDUM
DISTRICT COURT
LITIGATION
THOMSON-CSF VENTURES
LERACH LLP
INSTITUTIONAL INVESTORS
PSLRA
PRE-LITIGATION RELATIONSHIP
HALL GROUP
CRITICAL PATH STOCK
AUTHORITIES
CALIFORNIA
UNITED STATES


   MILBERG WEISS BERSHAD
   HYNES & LERACH LLP
   JEFFREY W. LAWRENCE (166806)
   CHRISTOPHER P. SEEFER (201197)
   EX KANO S. SAMS II (192936)
   100 Pine Street, Suite 2600
   San Francisco, CA 94111
   Telephone: 415/288-4545
   415/288-4534 (fax)
   - and -

   WILLIAM S. LERACH (68581)
   600 West Broadway, Suite 1800
   San Diego, CA 92101
   Telephone: 619/231-1058
   619/231-7423 (fax)

   WEISS & YOURMAN
   JORDAN L. LURIE (130013)
   LEIGH A. PARKER (170565)
   10940 Wilshire Blvd., 24th Floor
   Los Angeles, CA 90024
   Telephone: 310/208-2800
   310/209-2348 (fax)

   -and-

   JOSEPH H. WEISS
   MOSHE BALSAM
   551 Fifth Avenue, Suite 1600
   New York, NY 10176
   Telephone: 212/682-3025
   212/682-3010 (fax)

   (Proposed) Co-Lead Counsel for Plaintiffs


                        UNITED STATES DISTRICT COURT

                      NORTHERN DISTRICT OF CALIFORNIA



   ARNOLD COHN, On Behalf of
   Himself and All Others Similarly Situated,

SNIPPETS:
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP JEFFREY W. LAWRENCE CHRISTOPHER P. SEEFER EX KANO S.
  • San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 - and -WILLIAM S. LERACH
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF CALIFORNIA
  • REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THE MOTION BY WILLIAM JAMES BELL,
  • Bell, Thomson-CSF, Nehring and Westgreen Will Adequately Represent the Interests of All Class
  • William James Bell, Trustee, Thomson-CSF Ventures, Alexander Nehring and Westgreen Holdings
  • no class member has cite any portion of the Private Securities Litigation Reform Act of 1995
  • Not only do Bell, Thomson-CSF, Nehring and Westgreen possess the largest financial interest
  • One court in this district noted that large institutional investors such as Thomson-CSF were
  • The Hall Group argues that Bell, Thomson-CSF, Nehring and Westgreen are not qualified to
  • Even if it was true, as Columbus claims, that there are differences in the positions of class

  • 2 . PROPOSED ORDER

    EXTRACTED KEY WORDS
    PLAINTIFF
    COUNSEL
    PURSUANT
    WILLIAM JAMES BELL
    DECLARE
    SAN FRANCISCO
    APPOINT
    LERACH LLP
    EXCHANGE ACT
    SECURITIES EXCHANGE ACT
    HOLDINGS LLC
    WESTGREEN HOLDINGS LLC
    ALEXANDER NEHRING
    THOMSON-CSF VENTURES
    TRUSTEE
    MOTION
    DISTRICT
    YOURMAN
    HYNES
    MILBERG WEISS BERSHAD
    ORDER GRANTING
    CALIFORNIA
    STATES DISTRICT COURT
    UNITED STATES
    FLOOR
    LAWRENCE
    JEFFREY
    CO-LEAD COUNSEL
    APPROVE LEAD
    
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    
       ARNOLD COHN, On Behalf of
       Himself and All Others Similarly Situated,
    
                               Plaintiff,
    
           vs.
    
       CRITICAL PATH, INC., et al.,
    
                               Defendants.
       _________________________________
    
       )
       )
       )
       )
       )
       )
       )
       )
       )
       )
       )
    
       No. C-01-0551-WHO
    
       CLASS ACTION
    
       (PROPOSED) ORDER GRANTING
       THE MOTION TO APPOINT
       WILLIAM JAMES BELL, TRUSTEE;
       THOMSON-CSF VENTURES;
       ALEXANDER NEHRING AND
       WESTGREEN HOLDINGS LLC AS
       LEAD PLAINTIFFS PURSUANT
       TO SECTION 21D(a)(3)(B) OF THE
       SECURITIES EXCHANGE ACT OF
       1934 AND APPROVING LEAD
       PLAINTIFFS' CHOICE OF COUNSEL
    
    
    SNIPPETS:
  • NORTHERN DISTRICT OF CALIFORNIA
  • ORDER GRANTING THE MOTION TO APPOINT WILLIAM JAMES BELL, TRUSTEE; THOMSON-CSF VENTURES;
  • PLAINTIFFS' CHOICE OF COUNSEL
  • Holdings LLC, as Lead Plaintiff Pursuant to §21Dof the Securities Exchange Act of 1934 and to
  • the law firms of Milberg Weiss Bershad Hynes & Lerach LLP and Weiss & Yourman are appointed
  • THE HONORABLE WILLIAM H. ORRICK UNITED STATES DISTRICT COURT JUDGE
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP JEFFREY W. LAWRENCE CHRISTOPHER P. SEEFER EX KANO S.
  • WEISS & YOURMAN JOSEPH H. WEISS MOSHE BALSAM
  • That declarant is and was, at all times herein mentioned, a citizen of the United States and
  • ORDER GRANTING THE MOTION TO APPOINT WILLIAM JAMES BELL, TRUSTEE; THOMSON-CSF VENTURES;
  • I declare under penalty of perjury that the foregoing is true and correct.

  • 3 . PROPOSED ORDER GRANTING THE MOTION TO CONSOLIDATE

    EXTRACTED KEY WORDS
    CRITICAL PATH
    CONSOLIDATE
    DISTRICT
    COURT
    RELATED ACTIONS
    DECLARE
    SAN FRANCISCO
    WEISS
    MASTER
    WILLIAM
    DEFENDANTS
    CALIFORNIA
    UNITED STATES
    COUNSEL
    MASTER DOCKET
    PARTNERSHIP LLC
    THOMSON-CSF VENTURES
    DAVID
    CIVIL ACTION
    MOTION
    NORTHERN DISTRICT
    CLASS ACTION
    SECURITIES
    LERACH LLP
    PARTIES
    PARTY
    PHRASE
    PLEADING
    MITCHELL
    
       Stanford University Law School - Securities Class Action Clearinghouse
    
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    
    
       ARNOLD COHN, On Behalf of Himself
       and All Others Similarly Situated,
    
                               Plaintiff,
    
           vs.
    
       CRITICAL PATH, INC., et al.,
    
                               Defendants.
       _________________________________
    
       )
       )
       )
       )
       )
       )
       )
       )
       )
       )
       )
    
       No. C-01-0551-WHO
    
       CLASS ACTION
    
       (PROPOSED) ORDER GRANTING
       THE MOTION TO CONSOLIDATE
       RELATED ACTIONS
    
    
    
       1. This Court, having considered Movants' Motion to Consolidate
       Related Actions, for good cause shown, hereby ORDER as follows:
    
    
    SNIPPETS:
  • Stanford University Law School - Securities Class Action Clearinghouse
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF CALIFORNIA
  • ORDER GRANTING THE MOTION TO CONSOLIDATE RELATED ACTIONS
  • Plaintiff: Arnold Cohn
  • Sternheim v. Critical Path, Inc., et al. C-01-0552-WHO
  • Plaintiff: William D. Warner
  • Plaintiff: David W. Cleveland
  • Mitchell v. Critical Path, Inc., et al.
  • Thomson-CSF Ventures and Larry E. Wallace
  • D&D Partnership LLC
  • The docket in Civil Action No. C-01-0551-WHO shall constitute the Master Docket for this
  • Every pleading filed in the consolidated action shall bear the following caption:
  • This file in Civil Action C-01-0551-WHO shall constitute a Master File for every action in
  • When the document being filed pertains to all actions, the phrase "All Actions" shall appear
  • A party that objects to such consolidation, or to any other provisions of this Order, must
  • The parties shall file a Notice of Related Case whenever a case that should be consolidated
  • direct that this Order be served upon defendants in the new case;
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP WILLIAM S. LERACH
  • That declarant is and was, at all times herein mentioned, a citizen of the United States and
  • I declare under penalty of perjury that the foregoing is true and correct.

  • 4 . PROPOSED ORDER GRANTING MOTION

    EXTRACTED KEY WORDS
    RECONSIDERATION
    FILE MOTION
    ORDER GRANTING MOTION
    LITIG
    CRITICAL PATH
    SAN
    LERACH
    WEISS
    THOMSON-CSF VENTURES
    PROPOSED LEAD PLAINTIFF
    ATTORNEYS
    SAN DIEGO
    WILLIAM
    SAN FRANCISCO
    SUITE
    PINE STREET
    SEEFER
    CHRISTOPHER
    LAWRENCE
    JEFFREY
    HYNES
    MILBERG WEISS BERSHAD
    JOSEPH
    FLOOR
    WILSHIRE BLVD
    PARKER
    LEIGH
    LURIE
    JORDAN
    
     1
    
     2
    
     3
    
     4
    
     5
    
     6
    
     7
    
     8
    
     9
    
    10
    
    11
    
    12                                       UNITED STATES DISTRICT COURT
    
    13                                    NORTHERN DISTRICT OF CALIFORNIA
    
    14
    
    15 IN RE CRITICAL PATH, INC.                                           ) CASE NO. CV-01-0551-WHO
          SECURITIES LITIGATION                                            )
    16 _____________________________________ ) CLASS ACTION
                                                                           )
    17 This Document Relates to:                                           ) [PROPOSED] ORDER GRANTING
                                                                           ) MOTION FOR LEAVE TO FILE
    18              ALL ACTIONS.                                           ) FOR RECONSIDERATION OF
                                                                           ) 2001MEMORANDUM DECISION AND
    19                                                                          ORDER
    
    20
    
    21
    
    22
    
    23
    
    24
    
    25
    
    SNIPPETS:
  • In re Critical Path, Inc.
  • Sec. Litig., Case No. C-01-0551-WHO
  • ORDER GRANTING MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION OF JUNE 28,
  • 18 Kevin J. Yourman Jordan L. Lurie
  • 19 Leigh A. Parker
  • 10940 Wilshire Blvd., 24th Floor
  • Joseph H. Weiss
  • MILBERG WEISS BERSHAD HYNES & LERACH
  • Jeffrey W. Lawrence Christopher P. Seefer
  • 100 Pine Street, Suite 2600
  • San Francisco, CA 94111
  • -and-5 William S. Lerach
  • San Diego, CA 92101 Telephone:
  • Attorneys for Proposed Lead Plaintiff
  • Thomson-CSF Ventures

  • 5 . PROOF OF SERVICE

    EXTRACTED KEY WORDS
    CRITICAL PATH
    LITIG
    YORK
    LLP
    MEMORANDUM DECISION
    MARC
    LAW OFFICES
    THEREOF
    LOS ANGELES
    FLOOR
    RECONSIDERATION
    FILE MOTION
    SUPPORT
    CLASS ACTION
    AVENUE
    WEISS
    YOURMAN
    GROSS LLP
    GROSSMAN
    FOX
    CLEARINGHOUSE
    MAILING
    DEPOSIT
    DECLARATION
    AUTHORITIES
    BUSINESS
    SECURITIES
    COUNSEL
    SUITE
    
     1 Kevin J. Yourman (147159)
          Jordan L. Lurie (130013)
     2 Leigh A. Parker (170565)
          WEISS & YOURMAN
     3 10940 Wilshire Blvd., 24th Floor
          Los Angeles, CA 90024
     4 (310) 208-2800
          (310) 209-2348 - fax
     5     -and-
          Joseph H. Weiss
     6 Moshe Balsam
          WEISS & YOURMAN
     7 551 Fifth Avenue, Suite 1600
          New York, NY 10176
     8 Telephone: (212) 682-3025
     9 [Additional Counsel appear on signature page]
    10 Attorneys for Proposed Lead Plaintiff
             Thomson-CSF Ventures
    11
    12                                       UNITED STATES DISTRICT COURT
    13                                   NORTHERN DISTRICT OF CALIFORNIA
    14
    15 IN RE CRITICAL PATH, INC., SECURITIES ) CASE NO.: CV 01-0551-WHO
    16 LITIGATION                                                     )
          ________________________________________) CLASS ACTION
    17                                                                )
          This Document Relates to:                                   ) PROOF OF SERVICE
    18                                                                )
                   ALL ACTIONS.                                       )
    19                                                                )
          ________________________________________)
    20
    21
    22
    23
    24
    25
    26
    27
    28
    
    
          In re Critical Path, Inc. Sec. Litig., Case No. CV-01-0551-WHO
          PROOF OF SERVICE
    
    
    
     1                                                       PROOF OF SERVICE
     2              I am employed in the county of Los Angeles, State of California, I am over the age
    
    SNIPPETS:
  • WEISS & YOURMAN
  • 10940 Wilshire Blvd., 24th Floor
  • 15 IN RE CRITICAL PATH, INC., SECURITIES) CASE NO.:
  • ________________________________________) CLASS ACTION
  • Sec. Litig., Case No. CV-01-0551-WHO
  • NOTICE OF MOTION, MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF FOR
  • DECLARATION OF LEIGH A. PARKER IN SUPPORT OF NOTICE OF MOTION, MOTION AND MEMORANDUM OF
  • MOTION FOR RECONSIDERATION OF JUNE 28, 2001 MEMORANDUM DECISION AND ORDER;
  • I deposited such envelopein the mail at Los Angeles,
  • the firm's practice of collection and processing correspondence for mailing.
  • thereon fully prepaid at Los Angeles, California in the ordinary course of business.
  • date or postage meter date is more than one day after date of deposit for mailing in an
  • Clearinghouse: jcarlos@stanford.edu.
  • PLAINTIFFS' COUNSEL
  • 23 7665 Redwood Blvd., Suite 200
  • LAW OFFICES OF DENNIS J. JOHNSON Stuart H. Savett
  • 27 1100 New York Avenue,
  • Christine M. Fox
  • KAPLAN, KILSHEIMER & FOX LLP
  • POMERANTZ HAUDEK BLOCK GROSSMAN & GROSS LLP
  • 19 Marc H. Edelson

  • 6 . MEMO IN OPPOSITION TO MOTIONS SEEKING APPOINTMENT

    EXTRACTED KEY WORDS
    COUNSEL
    COURT
    BIDDING
    SEEFER
    CRITICAL PATH
    MOTION
    CLASS ACTIONS
    MILBERG WEISS BERSHAD
    UNITED STATES
    SEEKING APPOINTMENT
    DISTRICT COURT
    LOSSES
    COMPETING MOTIONS
    PSLRA
    THOMSON-CSF
    INSTITUTIONAL INVESTORS
    SEEFER DECL
    LERACH LLP
    SECURITIES
    LITIGATION
    SELECTION
    HALL GROUP
    SAN FRANCISCO
    OPPOSITION
    AUTHORITIES
    CHRISTOPHER
    LAWRENCE
    ADEQUATE PLAINTIFF
    COMMITTEE
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       JEFFREY W. LAWRENCE (166806)
       CHRISTOPHER P. SEEFER (201197)
       EX KANO S. SAMS II (192936)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
       - and -
       WILLIAM S. LERACH (68581)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
    
       WEISS & YOURMAN
       JORDAN L. LURIE (130013)
       LEIGH A. PARKER (170565)
       10940 Wilshire Blvd., 24th Floor
       Los Angeles, CA 90024
       Telephone: 310/208-2800
       310/209-2348 (fax)
       - and -
       JOSEPH H. WEISS
       MOSHE BALSAM
       551 Fifth Avenue, Suite 1600
       New York, NY 10176
       Telephone: 212/682-3025
       212/682-3010 (fax)
    
       (Proposed) Co-Lead Counsel for Plaintiffs
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
       ARNOLD COHN, On Behalf of Himself
       and All Others Similarly Situated,
    
                               Plaintiff,
    
           vs.
    
    
    SNIPPETS:
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP JEFFREY W. LAWRENCE CHRISTOPHER P. SEEFER EX KANO S.
  • San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 - and -WILLIAM S. LERACH
  • MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO SIX COMPETING MOTIONS SEEKING
  • Bell, Thomson-CSF, Nehring and Westgreen Are the Presumptive Lead Plaintiff as They Have the
  • Under Any Scenario the Losses Incurred by Bell, Thomson-CSF, Nehring and Westgreen Are
  • The Other Competing Movants Fail to Satisfy the Requirements of the PSLRA for Appointment as
  • Competitive Bidding Is Not Favored Under Rule 23 for the Selection of Lead Counsel
  • Trust Services of Am. v. United States
  • All seven of the competing motions for appointment as lead plaintiff agree that the most
  • Thus, the only issue before this Court is which movant has the largest financial interest in
  • They are four sophisticated investors - including two institutional investors - who have
  • Bell, Thomson-CSF, Nehring and Westgreen submit this memorandum in opposition to the
  • The motion of the Hall Group with actual losses of no more than $13.6 million versus claimed
  • Section 21D of the PSLRA provides that in securities class actions, courts "shall appoint as
  • Seefer Decl., Ex.
  • The Committee believes that increasing the role of institutional investors in class actions
  • One court in this district noted that a large institutional investor was "exactly the type of
  • Bell, Thomson-CSF, Nehring and Westgreen have selected the firms of Milberg Weiss Bershad

  • 7 . DECLARATION OF EX KANO S

    EXTRACTED KEY WORDS
    EXHIBIT
    APPOINT
    COUNSEL
    DECLARE
    MOTION
    APPROVE
    CALIFORNIA
    SAN FRANCISCO
    WEISS
    SAMS
    KANO
    GRANTING
    PLAINTIFF PURSUANT
    LERACH
    WILSON
    LEAD PLAINTIFF GROUP
    FIRM
    SECURITIES EXCHANGE ACT
    WILLIAM
    NORTHERN DISTRICT
    LERACH LLP
    WEISS BERSHAD HYNES
    MILBERG WEISS BERSHAD
    CLOROX
    SELECTION
    AURORA
    COMMUNICATIONS
    MOVANTS
    LAW
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       JEFFREY W. LAWRENCE (166806)
       CHRISTOPHER P. SEEFER (201197)
       EX KANO S. SAMS II (192936)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
       - and -
       WILLIAM S. LERACH (68581)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
    
       WEISS & YOURMAN
       JOSEPH H. WEISS
       MOSHE BALSAM
       551 Fifth Avenue, Suite 1600
       New York, NY 10176
       Telephone: 212/682-3025
       212/682-3010 (fax)
    
       (Proposed) Co-Lead Counsel for Plaintiffs
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    
       ARNOLD COHN, On Behalf of
       Himself and All Others Similarly Situated,
    
                               Plaintiff,
    
           vs.
    
       CRITICAL PATH, INC., et al.,
    
                               Defendants.
       _________________________________
    
       )
    
    SNIPPETS:
  • 415/288-4545 415/288-4534 - and -WILLIAM S. LERACH
  • WEISS & YOURMAN JOSEPH H. WEISS MOSHE BALSAM
  • DECLARATION OF EX KANO S. SAMS II IN SUPPORT OF MOTION TO APPOINT WILLIAM JAMES BELL,
  • SECURITIES EXCHANGE ACT OF 1934 AND TO APPROVE LEAD PLAINTIFF'S CHOICE OF COUNSEL
  • William Orrick
  • I am an attorney duly licensed to practice before all of the courts of the State of
  • I am associated with the law firm of Milberg Weiss Bershad Hynes & Lerach LLP, one of the
  • Exhibit B: Chart of Movants' Purchases,
  • Pincay Investments Co., et al., v. Covad Communications Group, Inc., et al., No.
  • Stipulation and Order Appointing Lead Plaintiff and Approving Lead Plaintiff's Choice of
  • No. C 00-602 CW, Order Consolidating Cases, Appointing the Aurora Lead Plaintiff Group as
  • In re The Clorox Company, Sec. Litig., Master File No. C 99-4471 SC, Order re Plaintiff's
  • Company Lead Plaintiff Group as Lead Plaintiff and to Approve Lead Plaintiffs' Choice of
  • Broudo, et al. v. Dura Pharmaceuticals, Inc., et al., No. 99CV0151 JM, Order Granting Motion
  • Lubitsch, et al. v. Dataworks Corp., et al., No. 98-2012-IEG, Order Denying Wilson Group's
  • I declare under penalty of perjury under the laws of the State of California that the
  • Executed this 3rd day of April, 2001 at San Francisco, California.
  • PURSUANT TO NORTHERN DISTRICT LOCAL RULE 23-2

  • 8 . DECLARATION OF CHRISTOPHER P

    EXTRACTED KEY WORDS
    DECLARATION
    PLAINTIFF
    SECURITIES
    LAW
    CALIFORNIA
    COUNSEL
    SAN FRANCISCO
    COMPETING
    CLASS ACTION
    SEEFER
    CHRISTOPHER
    WEISS
    LITIG
    HOUSE
    MOTIONS SEEKING APPOINTMENT
    SUPPORT
    CRITICAL PATH
    NORTHERN DISTRICT
    LERACH LLP
    FEDERAL NEWS SERVICE
    LAW SCHOOL
    JOHN
    CLOSING PRICE
    LOSSES
    SALES
    PURCHASES
    MOVANTS
    CHART
    COMPETITIVE BIDDING
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       JEFFREY W. LAWRENCE (166806)
       CHRISTOPHER P. SEEFER (201197)
       EX KANO S. SAMS II (192936)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
       - and -
       WILLIAM S. LERACH (68581)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
    
       WEISS & YOURMAN
       JOSEPH H. WEISS
       MOSHE BALSAM
       551 Fifth Avenue, Suite 1600
       New York, NY 10176
       Telephone: 212/682-3025
       212/682-3010 (fax)
    
       (Proposed) Co-Lead Counsel for Plaintiffs
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
       ARNOLD COHN, On Behalf of Himself
       and All Others Similarly Situated,
    
                               Plaintiff,
    
           vs.
    
       CRITICAL PATH, INC., et al.,
    
                               Defendants.
       _________________________________
    
       )
       )
    
    SNIPPETS:
  • WEISS & YOURMAN JOSEPH H. WEISS MOSHE BALSAM
  • Co-Lead Counsel for Plaintiffs
  • DECLARATION OF CHRISTOPHER P. SEEFER IN SUPPORT OF OPPOSITION TO SIX COMPETING MOTIONS
  • I am an attorney duly licensed to practice before all of the courts of the State of
  • I am associated with the law firm of Milberg Weiss Bershad Hynes & Lerach LLP, one of the
  • Exhibit 1: Chart of Movants' Purchases, Sales and Losses Using the $80.75 Closing Price on
  • Critical Path, Inc.'s Form 10-Q, dated September 30,
  • Stanford Law School, Securities Class Action Clearing
  • House, dated April 20, 2001;
  • Sec. Litig., Civ.
  • Subcommittee on Telecommunications and Finance, Federal News Service;
  • In re Cendant Corp., No. 98-CV-1664, Declaration of John C. Coffee, Jr.
  • Executed this 26th day of April, 2001, at San Francisco, California.
  • PURSUANT TO NORTHERN DISTRICT LOCAL RULE 23-2

  • 9 . DECLARATION OF CHRISTOPHER P

    EXTRACTED KEY WORDS
    CALIFORNIA
    LEAD PLAINTIFF
    SAN FRANCISCO
    EXHIBIT
    MOTION
    COUNSEL
    SEEFER
    CHRISTOPHER
    APPOINTED LEAD PLAINTIFF
    WEISS
    APPROVE LEAD
    WILLIAM
    SUPPORT
    NORTHERN DISTRICT
    LERACH LLP
    FOREGOING
    PERJURY
    PENALTY
    PURSUANT
    CITY
    FIREMEN RETIREMENT SYSTEM
    CIVIL
    LEGATO SYSTEMS
    BOWMAN
    COMPETING
    LAW
    LLC
    HOLDINGS
    NEHRING
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       JEFFREY W. LAWRENCE (166806)
       CHRISTOPHER P. SEEFER (201197)
       EX KANO S. SAMS II (192936)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
       - and -
       WILLIAM S. LERACH (68581)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
    
       WEISS & YOURMAN
       JORDAN L. LURIE (130013)
       LEIGH A. PARKER (170565)
       10940 Wilshire Blvd., 24th Floor
       Los Angeles, CA 90024
       Telephone: 310/208-2800
       310/209-2348 (fax)
       -and-
       JOSEPH H. WEISS
       MOSHE BALSAM
       551 Fifth Avenue, Suite 1600
       New York, NY 10176
       Telephone: 212/682-3025
       212/682-3010 (fax)
    
       (Proposed) Co-Lead Counsel for Plaintiffs
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    
       ARNOLD COHN, On Behalf of
       Himself and All Others Similarly Situated,
    
                                   Plaintiff,
    
           vs.
    
    SNIPPETS:
  • WEISS & YOURMAN JORDAN L. LURIE LEIGH A. PARKER
  • Co-Lead Counsel for Plaintiffs
  • DECLARATION OF CHRISTOPHER P. SEEFER IN SUPPORT OF REPLY MEMORANDUM IN SUPPORT OF THE MOTION
  • I am an attorney duly licensed to practice before all of the courts of the State of
  • I am associated with the law firm of Milberg Weiss Bershad Hynes & Lerach LLP, counsel of
  • Exhibit B: Bowman v. Legato Systems, Inc., et al., Civil No. 00-CV-20111-JF, The Policemen
  • I declare under penalty of perjury under the laws of the State of California that the
  • Executed this 3rd day of May, 2001, at San Francisco, California.
  • PURSUANT TO NORTHERN DISTRICT LOCAL RULE 23-2

  • 10 . COMPLAINT B 8

    EXTRACTED KEY WORDS
    DEFENDANTS
    PLAINTIFF
    HICKEY
    ACT
    CLASS ACTION
    REVENUE
    CLASS PERIOD
    RUBASH
    MEMBERS
    COMMON STOCK
    NET LOSS
    DAVID THATCHER
    YORK
    EXCHANGE ACT
    MISLEADING STATEMENTS
    EXCLUDING SPECIAL CHARGES
    MATERIALLY FALSE
    LARRY REINHOLD
    UNITED STATES
    SPORN JOEL
    CALIFORNIA
    SAN FRANCISCO
    CHRISTOPHER LOMETTI
    MATERIAL FACTS
    SECURITIES
    STATES DISTRICT COURT
    PLAINTIFF GREGORY
    GROSS MARGIN
    PERSONAL KNOWLEDGE
    
    
       Joseph J. Tabacco, Jr. (75484)
       Christopher T. Heffelfinger (118058)
       BERMAN DEVALERIO PEASE &
       TABACCO, P.C.
       425 California Street, Suite 205
       San Francisco, California 94104
       Telephone: (415) 433-3200
       Samuel P. Sporn
       Joel P. Laitman
       Christopher Lometti
       Jay P. Saltzman
       SCHOENGOLD & SPORN, P.C.
       19 Fulton Street, Suite 406
       New York, New York 10038
       Telephone: (212) 964-0046
       Attorneys for Plaintiff Gregory D. Callender
    
                            UNITED STATES DISTRICT COURT
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
       GREGORY D. CALLENDER, on behalf of himself and all others similarly
       situated, Plaintiff,
       v.
       CRITICAL PATH, INC., DOUGLAS HICKEY, DAVID HAYDEN, DAVID THATCHER,
       LARRY REINHOLD, and MARK J. RUBASH,
       Defendants.
    
       )
       )
       )
       )
       )
       )
    
       Civil Action No.: CLASS ACTION COMPLAINT
       JURY TRIAL DEMANDED
    
       Plaintiff, individually and on behalf of all other persons similarly
       situated, by his undersigned counsel, for his complaint alleges upon
       personal knowledge as to himself and his own acts and upon information
       and belief as to all other matters, based upon, inter alia, the
       investigation made by and through his attorneys, as follows:
    
                                  NATURE OF ACTION
    
       1. Plaintiff brings this action as a class action on behalf of himself
    
    SNIPPETS:
  • Christopher Lometti
  • New York, New York 10038 Telephone:
  • Attorneys for Plaintiff Gregory D. Callender
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF CALIFORNIA
  • Plaintiff, individually and on behalf of all other persons similarly situated, by his
  • Plaintiff brings this action as a class action on behalf of himself and all other persons who
  • defendants issued false and misleading financial statements and press releases concerning
  • The materially false and misleading statements, which are described in detail below,
  • The Company announced that its net loss for the quarter, excluding special charges, was $11.5
  • The Company further stated that the Board, effective immediately, had placed on
  • The claims asserted below arise under Sections 10of the Securities Exchange Act of 1934, 15
  • Venue is proper in this District pursuant to Section 27 of the Exchange Act and 28 U.S.C. §
  • In connection with the acts, transactions and conduct alleged herein, defendants used the
  • Defendant Douglas Hickey is and was at all relevant times Critical Path's Chief Executive
  • Defendant Mark J. Rubash was Critical Path's Chief
  • Defendant Larry Reinhold was appointed CFO of the Company upon Rubash's resignation on
  • Each of the defendants acted knowingly or in such a deliberately reckless manner as to
  • e) plaintiff and members of the Class purchased their stock between the time the defendants
  • The Company also reported gross margin of $16.0 million, a 74 percent increase over gross
  • P.C. Samuel P. Sporn Joel P. Laitman
  • Counsel for Plaintiff Gregory D. Callender and the Class

  • 11 . COMPLAINT B 7

    EXTRACTED KEY WORDS
    DEFENDANTS
    STOCK
    REVENUE
    PLAINTIFFS
    CLASS ACTION
    CUSTOMERS
    DEMAND
    OFFICERS
    COMMON STOCK
    SECURITIES
    SAN FRANCISCO
    MARKET
    BUSINESS
    WILLIAM
    LERACH LLP
    ENTERPRISE
    MESSAGING INFRASTRUCTURE
    EXCLUDING SPECIAL CHARGES
    ACCOUNTING
    INTERNET MESSAGING INFRASTRUCTURE
    TRANSACTIONS
    PROFITABILITY
    MESSAGING INFRASTRUCTURE SOLUTIONS
    SECURITIES FRAUD CLASS
    FEDERAL SECURITIES
    HOWARD DESKINS
    BANDMAN
    RANDI
    HYNES
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       RANDI D. BANDMAN (145212)
       JOHN K. GRANT (169813)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
           - and -
       WILLIAM S. LERACH (68581)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
    
       Attorneys for Plaintiffs
    
       (Additional counsel appear on signature page.)
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    
       HOWARD DESKINS and GILBERT
       SCHWARTZ, On Behalf of Themselves
       and All Others Similarly Situated,
    
                               Plaintiffs,
    
           vs.
    
       CRITICAL PATH, INC., WILLIAM
       H. RINEHART and DAVID A.
       THATCHER,
    
                               Defendants.
       _________________________________
    
       )
       )
       )
       )
       )
    
    SNIPPETS:
  • Attorneys for Plaintiffs
  • HOWARD DESKINS and GILBERT SCHWARTZ, On Behalf of Themselves and All Others Similarly
  • COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased Critical Path,
  • Defendants had also known for months that new accounting regulations would negate the
  • Defendants knew this would severely impair Critical Path's future revenue growth and impair
  • defendants continued to make positive but false statements about Critical Path's business and
  • On January 18, 2001, the Company announced Fourth Quarter revenue of $52 million in revenue
  • Effective immediately, the Board of Directors has placed on administrative leave David
  • This disclosure shocked the market, causing Critical Path's stock to decline to less than $4
  • Critical path is located in San Francisco, CA and the acts and transactions giving rise to
  • Plaintiff Howard Deskins purchased shares of Critical Path common stock as detailed in the
  • Critical Path's technology strengthens all aspects of the eBusiness value chain by providing
  • On November 2, 2000, Critical Path issued a press release entitled, "Critical Path Provides
  • Critical Path, Inc., the dominant global provider of business-to-business Internet messaging
  • The reported revenues for the quarter do not include $7.0 million related to a large
  • On February 2, 2001, Critical Path issued a press release entitled, "Critical Path Forms
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP RANDI D. BANDMAN JOHN K. GRANT

  • 12 . COMPLAINT B 6

    EXTRACTED KEY WORDS
    DEFENDANTS
    STOCK
    REVENUE
    PLAINTIFF
    WILLIAM
    CLASS ACTION
    CUSTOMERS
    DEMAND
    SECURITIES
    SAN FRANCISCO
    MARKET
    BUSINESS
    COMMON STOCK
    LERACH LLP
    ENTERPRISE
    MESSAGING INFRASTRUCTURE
    EXCLUDING SPECIAL CHARGES
    FEDERMAN
    ACCOUNTING
    INTERNET MESSAGING INFRASTRUCTURE
    TRANSACTIONS
    PROFITABILITY
    MESSAGING INFRASTRUCTURE SOLUTIONS
    PURCHASED CRITICAL PATH
    SECURITIES FRAUD CLASS
    FEDERAL SECURITIES
    OKLAHOMA CITY
    BANDMAN
    RANDI
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       RANDI D. BANDMAN (145212)
       JOHN K. GRANT (169813)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
           - and -
       WILLIAM S. LERACH (68581)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
    
       DREIER BARITZ & FEDERMAN
       WILLIAM B. FEDERMAN
       120 N. Robinson, Suite 2720
       Oklahoma City, OK 73102
       Telephone: 405/235-1560
       405/239-2112 (fax)
    
       Attorneys for Plaintiff
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    
       WILLIAM D. WARNER, On Behalf of
       Himself and All Others Similarly Situated,
    
                               Plaintiff,
           vs.
    
       CRITICAL PATH, INC., WILLIAM H.
       RINEHART and DAVID A. THATCHER,
    
                               Defendants.
       ___________________________________
    
       )
       )
       )
    
    SNIPPETS:
  • DREIER BARITZ & FEDERMAN WILLIAM B. FEDERMAN
  • Oklahoma City, OK 73102 Telephone:
  • Attorneys for Plaintiff
  • COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased Critical Path,
  • Defendants had also known for months that new accounting regulations would negate the
  • Defendants knew this would severely impair Critical Path's future revenue growth and impair
  • defendants continued to make positive but false statements about Critical Path's business and
  • On January 18, 2001, the Company announced Fourth Quarter revenue of $52 million in revenue
  • This disclosure shocked the market, causing Critical Path's stock to decline to less than $4
  • Critical path is located in San Francisco, CA and the acts and transactions giving rise to
  • Plaintiff William D. Warner purchased shares of Critical Path common stock as detailed in the
  • Critical Path's technology strengthens all aspects of the eBusiness value chain by providing
  • On November 2, 2000, Critical Path issued a press release entitled, "Critical Path Provides
  • Critical Path, Inc., the dominant global provider of business-to-business Internet messaging
  • The reported revenues for the quarter do not include $7.0 million related to a large
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP RANDI D. BANDMAN JOHN K. GRANT

  • 13 . COMPLAINT B 5

    EXTRACTED KEY WORDS
    DEFENDANTS
    STOCK
    REVENUE
    PLAINTIFF
    CLASS ACTION
    CUSTOMERS
    DEMAND
    SECURITIES
    HOLZER
    SAN FRANCISCO
    MARKET
    BUSINESS
    COMMON STOCK
    WILLIAM
    LERACH LLP
    ENTERPRISE
    MESSAGING INFRASTRUCTURE
    EXCLUDING SPECIAL CHARGES
    KODROFF
    ACCOUNTING
    INTERNET MESSAGING INFRASTRUCTURE
    TRANSACTIONS
    PROFITABILITY
    MESSAGING INFRASTRUCTURE SOLUTIONS
    CLASS PERIOD
    PURCHASED CRITICAL PATH
    SECURITIES FRAUD CLASS
    FEDERAL SECURITIES
    EVAN RAPOPORT
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       RANDI D. BANDMAN (145212)
       JOHN K. GRANT (169813)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
           - and -
       WILLIAM S. LERACH (68581)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
    
       HOLZER & HOLZER
       COREY D. HOLZER
       6135 Barfield Road, Suite 102
       Atlanta, GA 30328
       Telephone: 404/847-0085
       404/847-0036 (fax)
    
       SPECTOR, ROSEMAN & KODROFF, P.C.
       JEFFREY L. KODROFF
       1818 Market Street, Suite 2500
       Philadelphia, PA 19103
       Telephone: 215/496-0300
       215/496-6611 (fax)
    
       Attorneys for Plaintiff
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    
       EVAN RAPOPORT, On Behalf of
       Himself and All Others Similarly Situated,
    
                               Plaintiff,
           vs.
    
       CRITICAL PATH, INC., WILLIAM H.
       RINEHART and DAVID A. THATCHER,
    
    
    SNIPPETS:
  • HOLZER & HOLZER COREY D. HOLZER
  • SPECTOR, ROSEMAN & KODROFF, P.C. JEFFREY L. KODROFF
  • Attorneys for Plaintiff
  • COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased Critical Path,
  • Defendants had also known for months that new accounting regulations would negate the
  • Defendants knew this would severely impair Critical Path's future revenue growth and impair
  • defendants continued to make positive but false statements about Critical Path's business and
  • On January 18, 2001, the Company announced Fourth Quarter revenue of $52 million in revenue
  • Effective immediately, the Board of Directors has placed on administrative leave David
  • This disclosure shocked the market, causing Critical Path's stock to decline to less than $4
  • Defendants' misconduct has wiped out over $2 billion in market capitalization as Critical
  • Critical path is located in San Francisco, CA and the acts and transactions giving rise to
  • Plaintiff Evan Rapoport purchased shares of Critical Path common stock as detailed in the
  • Critical Path's technology strengthens all aspects of the eBusiness value chain by providing
  • On November 2, 2000, Critical Path issued a press release entitled, "Critical Path Provides
  • Critical Path, Inc., the dominant global provider of business-to-business Internet messaging
  • The reported revenues for the quarter do not include $7.0 million related to a large
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP RANDI D. BANDMAN JOHN K. GRANT

  • 14 . COMPLAINT B 4

    EXTRACTED KEY WORDS
    CRITICAL PATH
    PLAINTIFF
    ACT
    CLASS ACTION
    RUBASH
    MEMBERS
    REVENUE
    RINEHART
    THATCHER
    CLASS PERIOD
    DOUGLAS HICKEY
    DISTRICT
    UNITED STATES
    NET LOSS
    COMMON STOCK
    MISLEADING STATEMENTS
    SECURITIES
    CALIFORNIA
    BERMAN DEVALERIO PEASE
    BERMAN DEVALERIO
    EXCLUDING SPECIAL CHARGES
    MATERIALLY FALSE
    CLASS ACTION COMPLAINT
    MARK RUBASH
    STATES DISTRICT COURT
    THOMAS JEFFERSON STREET
    SAN FRANCISCO
    DISCLOSE MATERIAL FACTS
    FINANCIAL REPORTING
    
    
       Joseph J. Tabacco, Jr. (75484)
       Christopher T. Heffelfinger (118058)
       BERMAN DEVALERIO PEASE &
       TABACCO, P.C.
       425 California Street, Suite 205
       San Francisco, California 94104
       Telephone: (415) 433-3200
       Jeffrey C. Block
       Michael G. Lange
       Chauncey D. Steele IV
       BERMAN DEVALERIO & PEASE, LLP
       One Liberty Square
       Boston, Massachusetts 02109
       (617) 542-8300
       Donald J. Enright
       FINKELSTEIN, THOMPSON & LOUGHRAN
       1055 Thomas Jefferson Street, N.W., Suite 601
       Washington, DC 20007
       Telephone: (202) 337-8000
       Counsel for Plaintiff and the Class
    
                            UNITED STATES DISTRICT COURT
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
       WANIA ALMADOTTER, on behalf of herself and all others similarly
       situated, Plaintiff,
       v.
       CRITICAL PATH, INC., DOUGLAS HICKEY, DAVID THATCHER, WILLIAM RINEHART,
       and MARK RUBASH,
       Defendants.
    
       )
       )
       )
       )
       )
       )
    
       Civil Action No.:
       CLASS ACTION COMPLAINT
       JURY TRIAL DEMANDED
    
    
       Plaintiff, individually and on behalf of all other persons similarly
       situated, by her undersigned attorneys, for her Class Action
       Complaint, alleges upon personal knowledge as to herself and her own
    
    SNIPPETS:
  • BERMAN DEVALERIO PEASE & TABACCO,
  • 1055 Thomas Jefferson Street, N.W., Suite 601
  • 337-8000 Counsel for Plaintiff and the Class
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF CALIFORNIA
  • CLASS ACTION COMPLAINT JURY TRIAL DEMANDED
  • Plaintiff, individually and on behalf of all other persons similarly situated, by her
  • Plaintiff brings this action as a class action on behalf of herself and all other persons who
  • During the Class Period, defendants issued to the investing public materially false and
  • the Company improperly recognized revenues for several transactions and based its revenue
  • On February 2, 2001, prior to the opening of trading, Critical Path issued a press release
  • The claims alleged herein arise under Sections 10and 20 of the Securities Exchange Act of
  • Many of the acts alleged herein, including the dissemination to the investing public of the
  • In connection with the acts, transactions and conduct alleged herein, defendants used the
  • Defendant Critical Path maintains its principal executive offices at 320 First Street, San
  • Defendant Douglas Hickey was, at all relevant times, the Company's Chief Executive Officer.
  • Defendant David Thatcher was, at all relevant times, the Company's President.
  • Defendant William Rinehart was, at all relevant times, the Company's Senior Vice President of
  • Defendant Mark Rubash was, at all relevant times, the Company's Executive Vice President and
  • Each of the defendants acted knowingly or in such a reckless manner as to constitute a fraud
  • e) plaintiff and members of the Class purchased their Critical Path stock between the time
  • The net loss for the quarter, excluding special charges was $16.8 million, or $0.33 per

  • 15 . COMPLAINT B 3

    EXTRACTED KEY WORDS
    DEFENDANTS
    STOCK
    REVENUE
    PLAINTIFF
    CLASS ACTION
    CUSTOMERS
    DEMAND
    SECURITIES
    SAN FRANCISCO
    MARKET
    BUSINESS
    COMMON STOCK
    DAVID
    WILLIAM
    LERACH LLP
    ENTERPRISE
    MESSAGING INFRASTRUCTURE
    EXCLUDING SPECIAL CHARGES
    SAVETT FRUTKIN PODELL
    ACCOUNTING
    INTERNET MESSAGING INFRASTRUCTURE
    TRANSACTIONS
    PROFITABILITY
    MESSAGING INFRASTRUCTURE SOLUTIONS
    CLASS PERIOD
    PURCHASED CRITICAL PATH
    SECURITIES FRAUD CLASS
    FEDERAL SECURITIES
    ANDREW ALBSTEIN
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       RANDI D. BANDMAN (145212)
       JOHN K. GRANT (169813)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
           - and -
       WILLIAM S. LERACH (68581)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
    
       SAVETT FRUTKIN PODELL &
       RYAN, P.C.
       STUART H. SAVETT
       ROBERT P. FRUTKIN
       BARBARA A. PODELL
       325 Chestnut Street, Suite 700
       Philadelphia, PA 19106
       Telephone: 215/923-5400
       215/923-9353 (fax)
    
       Attorneys for Plaintiff
    
       (Additional counsel appear on signature page.)
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    
       ANDREW ALBSTEIN, On Behalf of
       Himself and All Others Similarly Situated,
    
                               Plaintiff,
           vs.
    
       CRITICAL PATH, INC., WILLIAM H.
       RINEHART and DAVID A. THATCHER,
    
                               Defendants.
    
    SNIPPETS:
  • SAVETT FRUTKIN PODELL & RYAN, P.C. STUART H. SAVETT ROBERT P. FRUTKIN BARBARA A. PODELL
  • Attorneys for Plaintiff
  • COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased Critical Path,
  • Defendants had also known for months that new accounting regulations would negate the
  • Defendants knew this would severely impair Critical Path's future revenue growth and impair
  • defendants continued to make positive but false statements about Critical Path's business and
  • On January 18, 2001, the Company announced Fourth Quarter revenue of $52 million in revenue
  • Effective immediately, the Board of Directors has placed on administrative leave David
  • This disclosure shocked the market, causing Critical Path's stock to decline to less than $4
  • Defendants' misconduct has wiped out over $2 billion in market capitalization as Critical
  • Critical path is located in San Francisco, CA and the acts and transactions giving rise to
  • Plaintiff Andrew Albstein purchased shares of Critical Path common stock as detailed in the
  • Critical Path's technology strengthens all aspects of the eBusiness value chain by providing
  • On November 2, 2000, Critical Path issued a press release entitled, "Critical Path Provides
  • Critical Path, Inc., the dominant global provider of business-to-business Internet messaging
  • The reported revenues for the quarter do not include $7.0 million related to a large
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP RANDI D. BANDMAN JOHN K. GRANT

  • 16 . COMPLAINT B 20

    EXTRACTED KEY WORDS
    STOCK
    MARKET
    REVENUE
    DEFENDANTS
    STATE BAR
    NET LOSS
    COMMON STOCK
    PLAINTIFFS
    SAN FRANCISCO
    FINANCIAL STATEMENTS
    SPECIAL CHARGES
    CUSTOMERS
    BUSINESS
    PURCHASED CRITICAL PATH
    THATCHER
    GOLD BENNETT CERA
    EXCLUDING SPECIAL CHARGES
    ACCOUNTING
    TRANSACTIONS
    DOUG HICKEY
    GROSS MARGIN
    REGULATION S-X
    VICE PRESIDENT
    MISLEADING
    SOFTWARE LICENSE
    REVENUE RECOGNITION
    INDIVIDUAL DEFENDANTS
    WORLDWIDE SALES
    DISCLOSURES
    
              1 BERGER & MONTAGUE, P.C.
                   SHERRIE R. SAVETT (PA Bar No. 17646)
              2 ARTHUR STOCK (PA Bar No. 64336)
                   1622 Locust Street
              3 Philadelphia, Pennsylvania 19103
                   Telephone: (215) 875-3000
              4 Facsimile: (215) 875-4604
    
              5 GOLD BENNETT CERA & SIDENER LLP
                   PAUL F. BENNETT (State Bar No. 063318)
              6 SOLOMON B. CERA (State Bar No. 099467)
                   JOSEPH M. BARTON (State Bar No. 188441)
              7 595 Market Street, Suite 2300
                   San Francisco, California 94105-2835
              8 Telephone: (415) 777-2230
                   Facsimile: (415) 777-5189
              9 Attorneys for Plaintiff And All Others
             10 Similarly Situated
    
             11                                  UNITED STATES DISTRICT COURT
             12                                 NORTHERN DISTRICT OF CALIFORNIA
             13
    
             14     COLUMBUS CAPITAL PARTNERS, L.P.,                Case No. C01-20359(PVT)
                    On Behalf Of Itself And All Others Similarly
             15     Situated,                                       CLASS ACTION
             16                   Plaintiff,                        COMPLAINT FOR VIOLATION OF
             17            vs.                                      THE FEDERAL SECURITIES LAW
             18     CRITICAL PATH, INC.,WILLIAM H.
                    RINEHART And DAVID A. THATCHER,
             19                                                     JURY TRIAL DEMANDED
                                  Defendants.
             20
    
             21
    
             22
    
             23
    
             24
    
             25
    
             26
    
             27
    
             28
    
    SNIPPETS:
  • GOLD BENNETT CERA & SIDENER LLP
  • SOLOMON B. CERA (State Bar No. 099467)
  • 595 Market Street, Suite 2300
  • RINEHART And DAVID A. THATCHER,
  • Columbus Capital Partners, L.P. - who purchased Critical Path, Inc. ("Critical Path" or the
  • "Company") common stock between October 20, 2000 and February 1, 2001 (the "Class
  • This action names Critical Path and certain of its former top officers as defendants for
  • misleading financial statements and information during the Class Period.
  • Its reported revenue exceeded its actual revenue by $9.7
  • restated to $18.6 million and $0.30 per share, compared with a net loss and net
  • net loss and net loss per share for the quarter, excluding special charges, have been
  • San Francisco, CA and the acts and transactions giving rise to the violations of law
  • 19 Vice President of Worldwide Sales of the Company.
  • Critical Path controlled each of the Individual Defendants.
  • Critical Path as "hands-on"managers, dealing with important issues facing Critical Path's
  • Critical Path's core customers' ISPs since the spring of 2000.
  • 21 known for almost a year that new accounting rules would prevent defendants from recognizing
  • 10 Defendants was aware that Critical Path was publishing false financial statements,
  • percent increase over gross margin of $16.0 million in the quarter ended June 30,
  • During the call - and in follow-up conversations with analysts - Doug Hickey stated:
  • complex and evolving rules governing revenue recognition for software license
  • 22 plaintiffs and the Class.
  • 13 Company to falsely report it results for at least Q4 2000 through improper revenue
  • Regulation S-X requires that interim financial
  • need not include disclosure which would be duplicative of disclosures accompanying annual

  • 17 . COMPLAINT B 2

    EXTRACTED KEY WORDS
    CLASS ACTION COMPLAINT
    DEFENDANTS
    CPI
    EXCHANGE ACT
    VIOLATIONS
    CLASS ACTION
    MISLEADING
    FACTS
    MEMBERS
    CLASS PERIOD
    PLAINTIFF
    MARKET
    BUSINESS
    STOCK
    DISCLOSE
    REPORTS
    INDIVIDUAL DEFENDANTS
    COMMON STOCK
    REVENUE
    OMISSIONS
    PROSPECTS
    SECURITIES LAWS
    PRICE
    CONTROL
    FINANCIAL CONDITION
    EARNINGS
    MANAGEMENT
    MISREPRESENTATIONS
    ADVERSE
    
    .
    
           1  Daniel  C.  Girard  (State  Bar No. 114826)
                 Anthony  K.  Lee  (State  Bar  No.  1560  18)
           2  Robert  A.  Jigarjian  (State  Bar
                                                     No.  17  1  107)
                 GIRARD  & GREEN,  LLP
           3  160 Sansome  Street,  Suite  300
                 San  Francisco,  California  94  104
           4  Telephone:  (415)  98  1-4800
                 Facsimile:  (4  15)  98  1-4846
           5  Ralph M. Stone
           6  SHALOV STONE & BONNER
                 276 Fifth  Avenue,  Suite  704
           7  New York,  New  York  1000  1
                 Telephone:  (2 12)  686-8004
           8  Facsimile:  (2 12)  686-8005
           9  Attorneys for Individual  and  Representative
                 Plaintif*  Fred  Kessler
          10
    
          11                                  IN THE  UNITED  STATES  DISTRICT  COURT
          12                            FOR  THE  NORTHERN  DISTRICT  OF  CALIFORNIA
          13                                             SAN  FRANCISCO  DIVISION
          14
    
          15  FRED  KESSLER, on behalf  of  himself  and  all  others
          16  similarly  situated,
          17                              plaints,                              CLASS  ACTION  COMP-T  
                                                                                VIOLATIONS  OF
          18                     V.                                             EXCHANGE  ACT  OF 1934
          19  CRITICAL PATH, INC.; D A W  THATCHER,
                 WILLIAMRINEHART,                                                   RY =J,        D W E
          20
                                          Defendants.
          21
          22
          23             Plaintif*  makes  the  following  allegations  upon  information  and  belief,
                                                                                                       
    
          24  specifically  pertaining to Plaintiff  and his counsel, based  on the  facts  alleged 
    
          25  the investigation  undertaken by  and under the supervision  of PlaintBs counsel,  and
    
          26  that M e r  substantial  evidentiary  support will exist  for  the  allegations  set 
          27  reasonable  opportunity  for  discovery.
          28
    
                 CLASS ACTION  COMPLAINT FOR  VIOLATIONS OF SECURITIES EXCHANGE  ACT OF 1934
    
    SNIPPETS:
  • 24 specifically pertaining to Plaintiff and his counsel, based on the facts alleged below,
  • CLASS ACTION COMPLAINT FOR VIOLATIONS OF SECURITIES EXCHANGE ACT OF 1934
  • 11 NASDAQ National Market System, and governed by the provisions of the federal securities
  • 13 respect to the Company's operations, business, products, markets, management, earnings and
  • 14 and fbture business prospects, to correct any previously issued statements from any source
  • The 1t Defendants' representations during the Class Period violated these specific
  • 21 the various public and shareholder reports and other communications complained of herein
  • 2: aware of or recklessly disregarded the misstatements contained therein and omissions
  • Because of their executive and managerial positiom 21 with CPI, each of the Individual
  • because of their positions of control and authority as
  • 2c or otherwise acquired CPI common stock during the period from November
  • The precise number of Class members is
  • estimates that the Company was anticipated to achieve substantial revenue growth and quarterly
  • Inflating the price of CPI securities, by publicly issuing false and misleading statements
  • disclose material adverse information
  • L misrepresentations andor omissions were done knowingly

  • 18 . COMPLAINT B 19

    EXTRACTED KEY WORDS
    AMENDED CLASS ACTION
    FEDERAL SECURITIES LAWS
    DEFENDANTS
    VIOLATION
    CLASS ACTION COMPLAINT
    THOMSON-CSF VENTURES
    PLAINTIFFS
    EXCHANGE
    HICKEY
    REVENUE
    COMMON STOCK
    EXCHANGE ACT
    DISSEMINATE
    PRICE
    BUSINESS
    FINANCIALS
    MATERIAL FACTS
    MISLEADING
    CLASS PERIOD
    MARKET PRICE
    EXCHANGE COMMISSION
    INTERNET MESSAGING
    MANAGEMENT
    ISOCOR
    PROSPECTS
    CONFERENCE
    CUSTOMERS
    ADVERSE INFORMATION
    MISREPRESENTATIONS
    
     1 Kevin J. Yourman (147159)
          Jordan L. Lurie (130013)
     2 Leigh A. Parker (170565)
          WEISS & YOURMAN
     3 10940 Wilshire Blvd., 24th Floor
          Los Angeles, CA 90024
     4 Telephone: (310) 208-2800
               -and-
     5 Joseph H. Weiss
          Moshe Balsam
     6 WEISS & YOURMAN
          551 Fifth Avenue, Suite 1600
     7 New York, NY 10176
          Telephone: (212) 682-3025
     8 Attorneys for Plaintiffs
     9
    
    10
    
    11                                  UNITED STATES DISTRICT COURT
    
    12                               NORTHERN DISTRICT OF CALIFORNIA
    
    13
    
    14 THOMSON-CSF VENTURES and LARRY                          ) CASE NO. C-01-1308-BZ
          E. WALLACE, On Behalf of Themselves and )
    15 All Others Similarly Situated,                          ) CLASS ACTION
                                                               )
    16                             Plaintiffs,                 ) AMENDED CLASS ACTION
                                                               ) COMPLAINT FOR
    17            vs.                                          ) THE VIOLATION OF
                                                               ) FEDERAL SECURITIES LAWS
    18 CRITICAL PATH, INC., DOUGLAS                            )
          HICKEY, DAVID C. HAYDEN, DAVID A. ) JURY TRIAL DEMANDED
    19 THATCHER, JOSEPH DUNCAN and                             )
          WILLIAM H. RINEHART,                                 )
    20                                                         )
                                   Defendants.                 )
    21                                                         ))
    22
    
    23            Plaintiffs, by their undersigned attorneys, respectfully submit this Amended Class
    
    24 Complaint for violation of the federal securities laws (the "Complaint") against the defendants
    
    25 named herein.  The allegations made in this Complaint are based upon the investigation made by
    
    26 and through plaintiffs' attorneys, including, but not limited to, a review of press releases,
    
    SNIPPETS:
  • Attorneys for Plaintiffs
  • 24 Complaint for violation of the federal securities laws against the defendants
  • 27 announcements, filings with the Securities and Exchange Commission, information
  • Thomson-CSF Ventures v. Critical Path, Inc., Case No:
  • AMENDED CLASS ACTION COMPLAINT FOR THE VIOLATION OF FEDERAL SECURITIES LAWS
  • Members") of the securities of Critical Path, Inc. including
  • Exchange Act of 1934 and the Securities Act of 1933 (the "Securities
  • 13 defendants which operated as a massive fraud and deceit on the Class during the Class
  • 14 Defendants' scheme included rendering false and misleading statements and/or omissions
  • 15 concerning the financial condition and business prospects of Critical Path,
  • NASDAQ halted trading in the stock and the price collapsed.
  • was not facing material difficulties in its business, defendants were able to artificially
  • 14 financials;
  • 25 significant amount of licensing revenue as sales revenues;
  • 11 Chief Executive Officer, defendant Douglas Hickey, had reported to analysts that the
  • Stimson pointed out that management should have
  • face-to-face at Merrill Lynch's conference.
  • 27 Path shares in a merger through which Critical Path acquired all of the stock of ISOCOR.
  • eBusiness by providing the Internet messaging infrastructure upon which the new economy is
  • providing the messaging infrastructure that fuels customers' new and existing
  • 16 the Company at all relevant times and sold shares of the Company while in possession of
  • SEC under the federal securities laws, whose common stock is registered with the SEC, traded
  • Defendants had a duty to disseminate truthful information promptly and accurately with respect
  • so that the market price of the Company's publicly traded securities would be based upon
  • 13 Period was artificially inflated due to the misrepresentations and/or non-disclosures
  • 17 the making of untrue statements of material facts, and the omission to state material facts

  • 19 . COMPLAINT B 18

    EXTRACTED KEY WORDS
    DEFENDANTS
    REVENUE
    STOCK
    PLAINTIFF
    CLASS ACTION
    CUSTOMERS
    EXCLUDING SPECIAL CHARGES
    NET LOSS
    MARKET
    DEMAND
    SECURITIES
    SAN FRANCISCO
    MESSAGING INFRASTRUCTURE
    BUSINESS
    COMMON STOCK
    LERACH LLP
    INTERNET MESSAGING INFRASTRUCTURE
    ENTERPRISE
    MESSAGING INFRASTRUCTURE SOLUTIONS
    TRANSACTIONS
    LIFSHITZ
    PROFITABILITY
    ACCOUNTING
    PURCHASED CRITICAL PATH
    SECURITIES FRAUD CLASS
    FEDERAL SECURITIES
    SHLOMO ROSHGADOL
    JEFFREY
    HYNES
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       JEFFREY W. LAWRENCE (166806)
       CHRISTOPHER P. SEEFER (201197)
       EX KANO S. SAMS II (192936)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
           - and -
       WILLIAM S. LERACH (68581)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
    
       BULL & LIFSHITZ, LLP
       JOSHUA M. LIFSHITZ
       246 West 38th Street
       New York, NY 10018
       Telephone: 212-869-9449
       212/869-5632 (fax)
    
       Attorneys for Plaintiff
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    
       SHLOMO ROSHGADOL, On Behalf of
       Himself and All Others Similarly Situated,
    
                               Plaintiff,
    
           vs.
    
       CRITICAL PATH, INC., WILLIAM H.
       RINEHART and DAVID A. THATCHER,
    
                               Defendants.
       ___________________________________
    
       )
    
    SNIPPETS:
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP JEFFREY W. LAWRENCE CHRISTOPHER P. SEEFER EX KANO S.
  • BULL & LIFSHITZ, LLP JOSHUA M. LIFSHITZ
  • Attorneys for Plaintiff
  • COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased Critical Path,
  • Defendants had also known for months that new accounting regulations would negate the
  • Defendants knew this would severely impair Critical Path's future revenue growth and impair
  • defendants continued to make positive but false statements about Critical Path's business and
  • On January 18, 2001, the Company announced Fourth Quarter revenue of $52 million in revenue
  • This disclosure shocked the market, causing Critical Path's stock to decline to less than $4
  • Critical path is located in San Francisco, CA and the acts and transactions giving rise to
  • Plaintiff Shlomo Roshgadol purchased shares of Critical Path common stock as detailed in the
  • Critical Path's technology strengthens all aspects of the eBusiness value chain by providing
  • Critical Path, Inc. the dominant global provider of business-to-business Internet messaging
  • On November 2, 2000, Critical Path issued a press release entitled, "Critical Path Provides
  • The reported revenues for the quarter do not include $7.0 million related to a large

  • 20 . COMPLAINT B 17

    EXTRACTED KEY WORDS
    DEFENDANTS
    REVENUE
    PLAINTIFFS
    CLASS ACTION
    CUSTOMERS
    EXCLUDING SPECIAL CHARGES
    DEMAND
    SECURITIES
    LAW
    NET LOSS
    MARKET
    DAVID
    SCOTT
    SAN FRANCISCO
    MESSAGING INFRASTRUCTURE
    LERACH LLP
    INTERNET MESSAGING INFRASTRUCTURE
    ENTERPRISE
    MESSAGING INFRASTRUCTURE SOLUTIONS
    TRANSACTIONS
    MURPHY
    BRUCE
    LAW OFFICES
    EDELSON
    CLASS PERIOD
    PROFITABILITY
    ACCOUNTING
    FEDERAL SECURITIES
    CHRIS JONES
    
       Stanford University Law School - Securities Class Action Clearinghouse
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       RANDI D. BANDMAN (145212)
       JOHN K. GRANT (169813)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
           - and -
       WILLIAM S. LERACH (68581)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
    
       HOFFMAN & EDELSON
       MARC H. EDELSON
       45 W. Court Street
       Doylestown, PA 18901
       Telephone: 215/230-8043
       215/230-8735 (fax)
    
       LAW OFFICES OF BRUCE G. MURPHY
       BRUCE G. MURPHY
       265 Llwyds Lane
       Vero Beach, FL 32963
       Telephone: 561/231-4202
       801/650-8213 (fax)
    
       SCOTT & SCOTT, LLC
       DAVID R. SCOTT
       NEIL ROTHSTEIN
       108 Norwich Avenue
       Colchester, CT 06415
       Telephone: 860/537-3818
       860/537-4432 (fax)
    
       Attorneys for Plaintiffs
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    
    SNIPPETS:
  • Stanford University Law School - Securities Class Action Clearinghouse
  • HOFFMAN & EDELSON MARC H. EDELSON
  • LAW OFFICES OF BRUCE G. MURPHY BRUCE G. MURPHY
  • SCOTT & SCOTT, LLC DAVID R. SCOTT NEIL ROTHSTEIN
  • Attorneys for Plaintiffs
  • COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased Critical Path,
  • Defendants had also known for months that new accounting regulations would negate the
  • Defendants knew this would severely impair Critical Path's future revenue growth and impair
  • On January 18, 2001, the Company announced Fourth Quarter revenue of $52 million in revenue
  • This disclosure shocked the market, causing Critical Path's stock to decline to less than $4
  • Defendants' misconduct has wiped out billions in market capitalization as Critical Path stock
  • Critical path is located in San Francisco, CA and the acts and transactions giving rise to
  • Plaintiff Chris Jones purchased shares of Critical Path common stock as detailed in the
  • Critical Path's technology strengthens all aspects of the eBusiness value chain by providing
  • Critical Path, Inc. the dominant global provider of business-to-business Internet messaging
  • On November 2, 2000, Critical Path issued a press release entitled, "Critical Path Provides
  • The reported revenues for the quarter do not include $7.0 million related to a large
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP RANDI D. BANDMAN JOHN K. GRANT

  • 21 . COMPLAINT B 16

    EXTRACTED KEY WORDS
    CRITICAL PATH
    PLAINTIFF
    ACT
    CLASS ACTION
    RUBASH
    MEMBERS
    REVENUE
    RINEHART
    THATCHER
    CLASS PERIOD
    DOUGLAS HICKEY
    DISTRICT
    UNITED STATES
    ATTORNEYS
    NET LOSS
    COMMON STOCK
    MISLEADING STATEMENTS
    SECURITIES
    CALIFORNIA
    EXCLUDING SPECIAL CHARGES
    MATERIALLY FALSE
    CLASS ACTION COMPLAINT
    MARK RUBASH
    DAVID THATCHER
    STATES DISTRICT COURT
    SAN FRANCISCO
    DISCLOSE MATERIAL FACTS
    FINANCIAL REPORTING
    RELEVANT TIMES
    
    
       BERMAN DEVALERIO PEASE & TABACCO, P.C.
       Joseph J. Tabacco, Jr. (75484)
       Christopher T. Heffelfinger (118058)
       425 California Street, Suite 2025
       San Francisco, California 94104
       Telephone: (415) 433-3200
       RABIN & PECKEL LLP
       Brian Murray
       275 Madison Avenue
       New York, NY 10016
       Telephone: (212) 682-1818
       Attorneys for Plaintiff
    
                            UNITED STATES DISTRICT COURT
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
       DAVID GINSBERG, on behalf of himself and all others similarly
       situated,
       Plaintiff,
    
       v.
    
       CRITICAL PATH, INC., DOUGLAS HICKEY, DAVID THATCHER, WILLIAM RINEHART,
       and MARK RUBASH,
    
       Defendants.
    
       Civil Action No.
    
       CLASS ACTION COMPLAINT
    
       JURY TRIAL DEMANDED
    
       Plaintiff, individually and on behalf of all other persons similarly
       situated, by his undersigned attorneys, for his Class Action
       Complaint, alleges upon personal knowledge as to himself and his own
       acts, and upon information and belief as to all other matters, based
       upon, inter alia, the investigation made by and through his attorneys,
       which investigation included, among other things, a review of the
       public documents and news releases of Critical Path, Inc. ("Critical
       Path" or the "Company").
    
       NATURE OF THE ACTION
    
       A. Plaintiff brings this action as a class action on behalf of himself
       and all other persons who purchased the common stock of Critical Path
    
    SNIPPETS:
  • 682-1818 Attorneys for Plaintiff
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF CALIFORNIA
  • CRITICAL PATH, INC., DOUGLAS HICKEY, DAVID THATCHER, WILLIAM RINEHART,
  • Plaintiff, individually and on behalf of all other persons similarly situated, by his
  • Plaintiff brings this action as a class action on behalf of himself and all other persons who
  • During the Class Period, defendants issued to the investing public materially false and
  • The Company had knowledge of the improper revenue recognition and failed to correct the
  • On February 2, 2001, prior to the opening of trading, Critical Path issued a press release
  • E. The claims alleged herein arise under Sections 10and 20 of the Securities Exchange Act of
  • Many of the acts alleged herein, including the dissemination to the investing public of the
  • H. In connection with the acts, transactions and conduct alleged herein, defendants used the
  • J. Defendant Critical Path maintains its principal executive offices at 320 First Street, San
  • K. Defendant Douglas Hickey was, at all relevant times, the Company's Chief Executive Officer.
  • L. Defendant David Thatcher was, at all relevant times, the Company's President.
  • M. Defendant William Rinehart was, at all relevant times, the Company's Senior Vice President
  • N. Defendant Mark Rubash was, at all relevant times, the Company's Executive Vice President
  • Each of the defendants acted knowingly or in such a reckless manner as to constitute a fraud
  • e) plaintiff and members of the Class purchased their Critical Path stock between the time
  • The net loss for the quarter, excluding special charges was $16.8 million, or $0.33 per

  • 22 . COMPLAINT B 15

    EXTRACTED KEY WORDS
    DEFENDANTS
    STOCK
    REVENUE
    PLAINTIFF
    CLASS ACTION
    CUSTOMERS
    DEMAND
    SECURITIES
    LAW
    SAN FRANCISCO
    MARKET
    BUSINESS
    COMMON STOCK
    WILLIAM
    LERACH LLP
    ENTERPRISE
    MESSAGING INFRASTRUCTURE
    EXCLUDING SPECIAL CHARGES
    EVAN SMITH
    FELGOISE
    BRIAN
    LAW OFFICES
    ACCOUNTING
    INTERNET MESSAGING INFRASTRUCTURE
    TRANSACTIONS
    PROFITABILITY
    MESSAGING INFRASTRUCTURE SOLUTIONS
    CLASS PERIOD
    PURCHASED CRITICAL PATH
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       RANDI D. BANDMAN (145212)
       JOHN K. GRANT (169813)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
           - and -
       WILLIAM S. LERACH (68581)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
    
       LAW OFFICES OF BRIAN M. FELGOISE
       BRIAN M. FELGOISE
       230 South Broad Street, Suite 404
       Philadelphia, PA 19102
       Telephone: 215/735-6810
       215/735-5185 (fax)
    
       BRODSKY & SMITH, LLC
       EVAN SMITH
       11 Bala Avenue, Suite 39
       Bala Cynwyd, PA 19004
       Telephone: 610/668-7987
       610/660-0450 (fax)
    
        Attorneys for Plaintiff
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    
       JAMES M. BONNER, On Behalf of Himself
       and All Others Similarly Situated,
    
                               Plaintiff,
    
           vs.
    
       CRITICAL PATH, INC., WILLIAM H.
       RINEHART and DAVID A. THATCHER,
    
    SNIPPETS:
  • LAW OFFICES OF BRIAN M. FELGOISE BRIAN M. FELGOISE
  • BRODSKY & SMITH, LLC EVAN SMITH
  • Attorneys for Plaintiff
  • COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased Critical Path,
  • Defendants had also known for months that new accounting regulations would negate the
  • Defendants knew this would severely impair Critical Path's future revenue growth and impair
  • defendants continued to make positive but false statements about Critical Path's business and
  • On January 18, 2001, the Company announced Fourth Quarter revenue of $52 million in revenue
  • Effective immediately, the Board of Directors has placed on administrative leave David
  • This disclosure shocked the market, causing Critical Path's stock to decline to less than $4
  • Defendants' misconduct has wiped out over $2 billion in market capitalization as Critical
  • Critical path is located in San Francisco, CA and the acts and transactions giving rise to
  • Plaintiff James M. Bonner purchased shares of Critical Path common stock as detailed in the
  • Critical Path's technology strengthens all aspects of the eBusiness value chain by providing
  • On November 2, 2000, Critical Path issued a press release entitled, "Critical Path Provides
  • Critic