In re Akorn, Inc. Securities Litigation

Court: United States District Court for the Northern District of Illinois
Case Number: 1:18-cv-01713
Judge: Hon. Steven Seeger
Class Period: 11/03/2016 - 01/08/2019
Case Contacts: John Rizio-Hamilton, Abe Alexander

This is a securities fraud class action filed on behalf of a class of all persons and entities who purchased or otherwise acquired Akorn, Inc. (“Akorn” or the “Company”) common stock from November 3, 2016 through January 8, 2019, inclusive (the “Class Period”), against Akorn and certain of its senior executives (together, “Defendants”).

Akorn is a Louisiana-based pharmaceutical company that develops, manufactures, and markets specialized generic and branded pharmaceuticals, over-the-counter drug products, and animal health products in the United States and internationally.  This action arises from allegations of pervasive fraud at the highest levels of Akorn involving the Company’s systemic violations of U.S. Food and Drug Administration (“FDA”) data integrity regulations and the efforts of its most senior executives to cover up those violations. The action alleges, among other things, that key Akorn executives directed Company employees to submit fabricated clinical drug data to the FDA in order to secure approval of its drugs. The action also alleges that, outside consultants hired by Akorn during the Class Period pointedly warned Akorn that its systemic data integrity violations were so serious that the Company could face criminal liability, yet Akorn ignored its consultants’ advice and affirmatively instructed employees to refrain from fixing the Company’s data integrity failures.  Plaintiffs allege that Akorn and Defendants made numerous materially false and misleading public statements assuring investors that Akorn complied with FDA regulations and touting the Company’s pipeline of new drug applications it had submitted to the FDA, and that when the truth about Akorn’s systemic data integrity failures was finally revealed to the market, the Company’s stock price plummeted, collapsing approximately 60% in just two trading days.

Lead Plaintiffs Have Reached a Proposed Settlement

The Court-appointed Lead Plaintiffs have reached a proposed settlement that, if approved by the Court, will resolve all claims in the action. 

In exchange for mutual releases, including the release by the Settlement Class of any claims against the Defendants, the Settlement Class will receive a recovery consisting of cash, common shares, and contingent value rights.  In total, the Settlement will provide from approximately $53.6 million to $155.4 million in recovery to the Settlement Class.  The ultimate value of the Settlement will be determined by the price of Akorn common shares on the dates they are issued to (or sold on behalf of) the Settlement Class as partial consideration for the Settlement and whether other conditions are met for the contingent future components of the Settlement.  More details about the proposed settlement are available in the Notice.

If you are a member of the Settlement Class, your rights will be affected and you may be eligible for a recovery from the Settlement.  The Settlement Class consists of:

all persons and entities that purchased or otherwise acquired Akorn’s common stock from November 3, 2016 through January 8, 2019, inclusive, and were damaged thereby, including any and all of their respective successors in interest, predecessors, representatives, trustees, executors, administrators, heirs, assigns or transferees, immediate and remote, and any person or entity acting for or on behalf of, or claiming under, any of them, except for certain persons and entities who are excluded from the Settlement Class by definition (see paragraph 20 of the Notice) or who request exclusion pursuant to the instructions set forth in the Notice (see paragraphs 38-40 of the Notice).

Please read the Notice to fully understand your rights and options.  Copies of the Notice and Claim Form can be found on the Case Documents page.  You may also visit the Settlement website, www.Akorn2019SecuritiesSettlement.com, for more information about the Settlement.

If you are a member of the Settlement Class, in order to be potentially eligible to receive a payment under the proposed Settlement, you must submit a Claim Form postmarked no later than January 24, 2020

Payments to eligible claimants will be made only if the Court approves the Settlement and a plan of allocation, and only after any appeals are resolved, and after the completion of all claims processing.  Please be patient, as this process will take some time to complete.

IMPORTANT DATES AND DEADLINES

January 24, 2020

Claim Filing Deadline. Claim Forms must be postmarked no later than January 24, 2020 to be eligible for a payment from the Settlement.

November 12, 2019

Exclusion Deadline. To exclude yourself from the Class, you must submit a written request for exclusion so that it is received no later than November 12, 2019, in accordance with the instructions in the Notice.

November 12, 2019

Objection Deadline. Any objections to the proposed Settlement, the proposed Plan of Allocation, and/or the motion for attorneys’ fees and expenses, must be submitted or filed no later than November 12, 2019, in accordance with the instructions in the Notice.

December 3, 2019
9:30 a.m.

Settlement Hearing. The Settlement Hearing will be held on December 3, 2019 at 9:30 a.m. in Courtroom 1725 of the Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, IL 60604. The Settlement Hearing will be held to consider, among other things, whether the proposed Settlement is fair, reasonable and adequate and should be approved; whether the proposed Plan of Allocation is fair and reasonable and should be approved; and whether Lead Counsel’s motion for attorneys’ fees and expenses should be approved.

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