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Skillsoft Settles CBT Group Depositary Share Litigation for $32 Million |
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The parties have reached a tentative $32 million settlment of several class actions filed against CBT Group, PLC, a subsidiary of e-learning company Skillsoft, PLC (Nasdaq: SKIL) and certain of its current and former officers and directors by persons who purchased American depositary shares issued by CBT Group during the period from April 14, 1998, through October 1, 1998. The actions claim 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 depositary shares. A claims deadline apparently has not yet been set at this time.
When the truth regarding CBT's financial and business prospects became known, the price of its depositary shares dropped precipitously. Indeed, in the fourteen trading days prior to the filing of this action, the Company's depositary shares, which trade on NASDAQ, lost more than eighty-five percent (85%) of their value. On October 1, 1998, following the dramatic collapse of CBT stock, the company announced that its chairman, president and CEO James J. Buckley and CFO Richard Y. Okumoto had been ousted from their positions at the company and replaced by a management team consisting of former board chairman and CEO William McCabe, former CFO Gregory Priest and John Grillos, a member of the CBT board. On that date, McCabe was quoted as saying that recent events had "created a crisis of confidence" in the company and that the board had to "move quickly to address the concerns that have arisen surrounding the company." Following the issuance of the October 1, 1998 press release, the price of CBT's depositary shares traded as low as $6-7/8, well below the $60-plus price they had just a few weeks earlier.
Under the terms of the settlement, the Skillsoft will make a $10 million cash payment within 30 days and an additional $6 million payment in mid-2004. The company's insurance carriers will pay an additional $16 million for total settlement payments of $32 million.
The settlement will not be effective until the court grants it final approval. The court has scheduled a hearing on the matter for February 27, 2004.
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