AKORN, INC. SHAREHOLDER ALERT: Kessler Topaz Meltzer & Check, LLP Announces Update to Shareholder Class Action Against Akorn, Inc. and Reminds Shareholders of Impending Deadline-- AKRX
RADNOR, Pa., April 30, 2015 /PRNewswire/ -- The law firm of Kessler Topaz Meltzer & Check, LLP announces that a shareholder class action has been filed against Akorn, Inc. (Nasdaq: AKRX) ("Akorn" or the "Company") on behalf of purchasers of the Company's securities between April 17, 2014 and March 2, 2015, inclusive (the "Class Period"), and reminds Akorn shareholders that they may, no later than May 4, 2015, petition the Court for appointment as a lead plaintiff of the class.
Akorn shareholders who wish to discuss this action and their legal options are encouraged to contact Kessler Topaz Meltzer & Check (Darren J. Check, Esq., D. Seamus Kaskela, Esq. or Adrienne O. Bell, Esq.) at (888) 299-7706 or at [email protected]. For additional information about this lawsuit, or to request information about this action online, please visit http://www.ktmc.com/case/Akorn.
On March 2, 2015, Akorn disclosed that it had filed a Notification of Late Filing with the SEC to extend the deadline for the filing its Form 10-K Annual Report, citing "unforeseen delays in collecting and compiling certain financial and other related data…." On this news, shares of Akorn's common stock declined $4.38, or over 8 percent, to close on March 3, 2015 at $49.33 per share, on unusually heavy trading volume.
Subsequently, on April 24, 2015, Akorn disclosed that it will restate its previously issued 2014 financial statements "due to errors identified during the first quarter 2015 financial review process." According to the Company, it had identified errors that are "estimated to have resulted in an overstatement to net revenue and pretax income from continuing operations of $20 million to $35 million for the year ending December 31, 2014." On this news, shares of Akorn's common stock declined $12.14 per share, or nearly 22 percent, to close on April 27, 2015 at $43.10 per share.
According to the class action Complaint, during the Class Period Akorn and certain of its executive officers made a series of materially false and misleading statements to investors. Specifically, the Complaint alleges that the defendants made a series of false and misleading statements and failed to disclose that: (1) as of December 31, 2014, more than eight months after it acquired Hi-Tech and four months after it acquired VersaPharm, Akorn did not yet integrate those subsidiaries into the Company's centralized accounting department and accounting systems; (2) certain financial and other related data related to Hi-Tech and VersaPharm, which require inclusion in Akorn's annual report to be filed with the SEC on Form 10-K, could not be timely collected and compiled; (3) due to the aforementioned issues, the Company would be unable to timely complete its assessment of the effectiveness of its internal control over financial reporting as of December 31, 2014; (4) Akorn's internal control over financial reporting was ineffective and material weaknesses existed relating to the completeness and accuracy of underlying data used in the determination of significant estimates and accounting transactions and accurate and timely reporting of its financial results and disclosures in its Form 10-K; (5) and as a result of the foregoing, Akorn's public statements were materially false and misleading at all relevant times.
Members of the class may, no later than May 4, 2015, petition the Court for appointment as a lead plaintiff of the class. A lead plaintiff is a representative party who acts on behalf of other class members in directing the litigation. In order to be appointed as a lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class in the action. Your ability to share in any recovery is not affected by the decision of whether or not to serve as a lead plaintiff. Any member of the purported class may move the court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.
If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Kessler Topaz Meltzer & Check, LLP (Darren J. Check, Esq., D. Seamus Kaskela, Esq. or Adrienne O. Bell, Esq.) at (888) 299 – 7706 or (610) 667 – 7706, or via e-mail at [email protected]. The complaint in this action was not filed by Kessler Topaz Meltzer & Check. For additional information about the lawsuit, or to request information about the action, please visit http://www.ktmc.com/case/Akorn.
Kessler Topaz Meltzer & Check prosecutes class actions in state and federal courts throughout the country. Kessler Topaz Meltzer & Check is a driving force behind corporate governance reform, and has recovered billions of dollars on behalf of institutional and individual investors from the United States and around the world. The firm represents investors, consumers and whistleblowers (private citizens who report fraudulent practices against the government and share in the recovery of government dollars). For more information about Kessler Topaz Meltzer & Check, or for additional information about participating in this action, please visit www.ktmc.com.
CONTACT:
Kessler Topaz Meltzer & Check, LLP
Darren J. Check, Esq.
D. Seamus Kaskela, Esq.
Adrienne O. Bell, Esq.
280 King of Prussia Road
Radnor, PA 19087
(888) 299 - 7706
(610) 667 - 7706
[email protected]
SOURCE Kessler Topaz Meltzer & Check, LLP
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