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Warnaco Allegedly Misled the Market about Calvin Klein Profits

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Case ID: 2729 | Stocks | 07/19/2004

A class action has been filed against clothing manufacturer Warnaco Group, Inc. (Nasdaq: WRNC) and certain of its officers and directors by stockholders who purchased the company's common stock between December 11, 1997, and July 20, 2000. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock.

The action alleges that the defendants made false and misleading statements about the strong sales of Warnaco's existing Calvin Klein products, and its purported strong revenues and earnings, together with the quality and value of its inventory. According to the stockholders, the defendants engaged in a fraudulent scheme and course of business that (1) deceived the investing public regarding Warnaco's prospects and business; (2) artificially inflated the prices of Warnaco's common stock; (3) allowed the defendants to sell over 1 million shares of their Warnaco stock for $14.6 million in insider trading proceeds; (4) allowed the defendants to use Warnaco stock as currency to fund its stock-for-stock acquisitions; and (5) caused class members to purchase Warnaco common stock at inflated prices.

Although the trial court dismissed the case on April 25, 2002, the United States Court of Appeals for the Second Circuit reversed that decision and reinstated the action on July 7, 2003.


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