From DNDN May 7 10Q about the class action:
"A consolidated amended complaint was filed on February 24, 2012. In general, the complaints allege that the defendants issued materially false or misleading statements concerning the Company, its finances, business operations and prospects with a focus on the market launch of PROVENGE and related forecasts concerning physician adoption, and revenue from sales of PROVENGE as reflected in the Company’s August 3, 2011 release of its financial results for the quarter ended June 30, 2011."
The general issues in the class actions that DNDN stated in the quote about class actions are:
1. Materially False or Misleading Statments regarding:
A. The Company
B. The Company's Finances
C. The Company's business operations
D. The Company's prospects as relating to the market launch of Provenge and related forecasts including revenues.
It seems that many legal minds do not believe these allegations are covered under Safe Harbor. Safe Harbor was created to help prevent frivolous lawsuits. Safe Harbor was not created to give companies license to commit crimes and then hide behind Safe Harbor just as 10b5-1 stock plans were not created to give license to executives to illegally sell shares and then hide behind the 10b5-1 plans. See Joseph Nacchio on that one. Bye Bye!