UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
all Others Similarly Situated,
Plaintiff,
CLASS ACTION COMPLAINT
V.
LUMENIS LTD., JACOB FRENKEL, YACHA
SUTTON, SAG1 GENGER, and ASIF ADIL,
Defendants.
Plaintiff, individually and on behalf of all other persons similarly situated,
undersigned attorneys, for plaintiffs Complaint, allege upon the investigation made by and
plaintiffs counsel, which included, inter alia, a review of relevant public filings made
Ltd. ("LUMENIS" or the "Company") with the Securities and Exchange Commission (the
as well as, tele-conferences, press releases, news articles, analyst reports; and media
concerning the Company. Furthermore, this complaint is based upon plaintiffs personal
as to plaintiff and plaintiffs own acts, and upon information and belief as to all other
upon the aforementioned investigation.
SUMMARY OF ACTION
1. This is a class action on behalf of all persons, other than defendants,
converted, exchanged or otherwise acquired LUMENIS securities during the period beginning
January 7, 2002, through February 28, 2002, inclusive (the "Class Period") to recover
caused by defendants' violations of the federal securities law.
263203
SNIPPETS:
LUMENIS LTD., JACOB FRENKEL, YACHA
SUTTON, SAG1 GENGER, and ASIF ADIL,
Plaintiff, individually and on behalf of all other persons similarly situated, by plaintiffs
plaintiffs counsel, which included, inter alia, a review of relevant public filings made by
as well as, tele-conferences, press releases, news articles, analyst reports;
this complaint is based upon plaintiffs personal knowledge
This is a class action on behalf of all persons, other than defendants, who purchased,
January 7, 2002, through February 28, 2002, inclusive (the "Class Period") to recover damages
caused by defendants' violations of the federal securities law.
about its operations even as it knew it was being investigated by the SEC and that its
On February 28, 2002, in a conference call, the Company revealed the facts
conference call had a dramatic effect on the price of LUMENIS stock;
$0 1331 and 1337 and Section 27 of the Exchange Act.
Jacob Frenkel, Chairman;
By reason of their direct and substantial management positions and responsibilities
that the false, misleading and incomplete information conveyed in the Company's public
in violation of the federal of the federal securities laws.
and were aware of their materially false and misleading nature.
members of the Class to purchase LUMENIS securities at artificially inflated prices.
Plaintiff brings this action as a class action pursuant to Federal Rule of Civil
and has retained counsel competent and experienced in class and securities litigation.
Sources inform "Globes" that Bank Hapoalim has begun exercising
with Lumenis's current $29 market price.
the issuance or dissemination of such statements or documents as primary violations of the
statements of material fact and/or omitted to state material facts necessary to make the
and continued substantial growth, which included the making of, or the participation in the
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