On June 2, 2008, Wolf Haldenstein Adler Freeman & Herz LLP filed a class
action lawsuit in the United States District Court, Southern District of
New York, on behalf of all current and former employees of The Bear
Stearns Companies, Inc. (“Bear Stearns”
or the “Company”) [NYSE:BSC]
whose compensation, in part, was in the form of restricted stock units (“Restricted
Stock Units”) and/or capital accumulation plan
units (“CAP Units”),
issued to the current and former Bear Stearns employees pursuant to the
Company’s Restricted Stock Unit Plan (the “RSU
Plan”) and Capital Accumulation Plan (the “CAP
Plan”), and whose rights to either Restricted
Stock Units and/or CAP Units were vested, thus providing them a present
entitlement to be paid and/or credited an equivalent number of shares of
Bear Stearns common stock (“Bear Stearns Stock”
or “Company Stock”)
upon settlement at the end of a deferral period between December 14,
2006 and March 14, 2008, inclusive (the “Class
Period”), against the Company and certain
officers and directors, alleging fraud pursuant to pursuant to Sections
10(b) and 20(a) of the Exchange Act [15
U.S.C. §§ 78j(b)
and 78t(a)] and Rule 10b-5 promulgated
thereunder by the SEC [17 C.F.R. §
240.10b-5] (the “Class”).
The case name is styled Bransbourg v. The
Bear Stearns Companies, Inc., et al. A copy of the complaint
filed in this action is available from the Court, or can be viewed on
the Wolf Haldenstein Adler Freeman & Herz LLP website at www.whafh.com.
Bear Stearns proudly promoted a culture of circled wagons –
“an us against them camaraderie ingrained in
the belief that Bear Stearns’ employees
success was not based on their birthright or pedigree, but a superior
work ethic.” As part of the effort to unify
the employees and mold a particular culture, the Company paid a
significant portion of its employees’
compensation in Company Stock. Some estimates indicate that nearly
one-third of the firm is employee owned (as of March 17, 2008). These
same employees suffered at least a $5 billion loss over the last year as
the Company’s stock plunged and then was
acquired by JP Morgan Chase & Co. [NYSE:JPM]
at the rock bottom price of $10 per share.
The Complaint alleges that throughout the Class Period, defendants
issued numerous positive, but false or misleading press releases,
statements and financial reports filed with the SEC that purported to
describe Bear Stearns’ financial performance
and results.