In re Bristol-Myers Squibb Co. Securities Litigation

Court: United States District Court, Southern District of New York
Case Number: 07-cv-5867
Judge: Hon. Paul A. Crotty
Class Period: 03/21/2006 - 08/08/2006
Case Contacts: Salvatore J. Graziano, Jai K. Chandrasekhar, Katherine M. Sinderson

This is a securities fraud class action filed on behalf of a class of persons and entities who purchased or acquired the common stock of Bristol-Myers Squibb Company ("Bristol-Myers" or the "Company") between March 21, 2006, through and including August 8, 2006 (the "Class Period").

December 8, 2009 - Court Grants Final Approval of $125 Million Cash Settlement

Lead Counsel BLB&G and its client, Court-appointed Lead Plaintiff the Ontario Teachers' Pension Plan Board, have reached a proposed settlement of the action for a total of $125 million in cash that will resolve all claims in the action. The settlement agreement is currently subject to Court approval.

Plaintiffs’ allegations related to Bristol-Myers' closely watched attempt to obtain approval for a proposed settlement agreement with a Canadian generic pharmaceutical company, Apotex Inc., to prevent Apotex from introducing into the marketplace a generic equivalent of Bristol-Myers' largest-selling drug, Plavix. The Company was required to obtain regulatory approval for the settlement under the terms of a consent decree resulting from past allegations of anti-competitive behavior against Bristol-Myers. The Company failed to disclose to investors that it had agreed to significant limitations on its damages and patent enforcement rights against Apotex if the regulators rejected the settlement.

When the proposed settlement did not receive regulatory approval, the Company did not disclose that failure to investors. Defendants instead entered into a renegotiated settlement agreement with Apotex, which now included secret oral terms which were not reported to investors, nor to the regulators. By using these secret oral side agreements, Defendants hoped to secure regulatory approval of the settlement agreement by criminally deceiving the regulators regarding the full terms of the amended agreement. However, unbeknownst to Defendants, outside counsel to Apotex confidentially reported the unlawful oral side agreements to the Federal Trade Commission ("FTC") and the Department of Justice ("DOJ"), and, as a result, the DOJ immediately opened a criminal investigation into Bristol-Myers. In late July 2006, the FBI raided the Company's headquarters in New York City.

On March 13, 2008, the parties argued Defendants' motions to dismiss the Complaint before Judge Crotty. On August 19, 2008, Judge Crotty denied Defendants' motions and sustained the Complaint in its entirety.

On July 21, 2009, the parties entered into a Stipulation and Agreement of Settlement setting forth their agreement to settle the case for $125 million, subject to Court approval. On December 8, 2009, the Court gave final approval to the $125 million settlement. 

Please click on the ‘Case Documents’ link to the right to view the Settlement Notice and Proof of Claim form.

Other Cases of Interest

  • OPKO Health, Inc.
    Southern District of Florida John Rizio-Hamilton, Jai K. Chandrasekhar, Adam Hollander, Brenna Nelinson, R. Ryan Dykhouse
  • Mylan N.V.
    Western District of Pennsylvania Gerald H. Silk, Avi Josefson, Michael D. Blatchley, Katherine M. Sinderson, Abe Alexander, Kate Aufses
  • Willis Towers Watson
    Eastern District of Virginia Salvatore J. Graziano, John Rizio-Hamilton, Rebecca E. Boon, Jai K. Chandrasekhar, Jesse L. Jensen, Nicholas Gersh
  • Six Flags Entertainment Corporation
    Northern District of Texas Katherine M. Sinderson, Hannah Ross, Abe Alexander, Adam Hollander, Christopher Miles
  • Wells Fargo & Company
    Northern District of California Salvatore J. Graziano, Adam H. Wierzbowski, Rebecca E. Boon, Michael Mathai
  • Synchrony Financial
    District of Connecticut Salvatore J. Graziano, Jeroen van Kwawegen, Adam H. Wierzbowski, Kate Aufses, Matthew Traylor
  • SunEdison
    Southern District of New York, Salvatore J. Graziano, Katherine M. Sinderson, Adam Hollander
  • Grand Canyon Education, Inc.
    District of Delaware Katherine M. Sinderson, Gregory V. Varallo, Michael Mathai, Will Horowitz
  • Navient Corporation
    District of Delaware Salvatore J. Graziano, Jeremy P. Robinson, Jesse L. Jensen, R. Ryan Dykhouse
  • Boeing Company
    Northern District of Illinois Eastern Division John C. Browne, Adam Hollander, Abe Alexander, James M. Fee, Katherine M. Sinderson