According to a press release dated September 24, 2008, a class action lawsuit was filed on behalf of all persons who purchased the Preferred Series "J" stock ("Lehman Preferred J") of Lehman Brothers Holdings Inc. ("Lehman" or the "Company") (OTC: LEHJQ or LEHMQ) from the date of the Company's public offering on February 5, 2008 (the "Offering"), and all purchasers traceable thereto (the "Class Period") against certain officers and directors of Lehman and certain Underwriters of the Offering, pursuant to Sections 11 and 15 of the Securities Act of 1933 (the " Securities Act"), 15 U.S.C. ss.ss. 77k, 77l and 77o (the "Class"). The Underwriters include Bank of America Securities LLC (NYSE:BAC), Citigroup Global Markets Inc. (NYSE:C), Merrill Lynch, Pierce, Fenner & Smith Inc. (NYSE:MER), Morgan Stanley & Co. Inc. (NYSE:MS), UBS Securities LLC (NYSE:UBS), and Wachovia Capital Markets, LLC (NYSE:WB).
Specifically, the Complaint asserts that Lehman's Prospectus contained both material misstatements and omissions, which Plaintiff and the Class relied upon to their detriment. The representations made in the Company's Prospectus were materially false and misleading because at the time of the Offering, Lehman was already suffering from several adverse factors that were not revealed and/or adequately addressed in the document; including the failure to set aside adequate allowances to cover the Company's ever increasing portfolio of underperforming sup-prime related products and to adequately write-down commercial and residential mortgage and real estate assets. These factors were already causing a material adverse affect on Lehman's business and directly led to Lehman's September 15, 2008 announcement that it was seeking protection under the Federal Bankruptcy Code in the largest bankruptcy filing in U.S. history.
The Complaint alleges that Defendants could have - and should have - discovered the material misstatements and omissions in the Company's Prospectus prior to its filing with the SEC and distribution to the investing public. Instead, they failed to do so as a result of a negligent and grossly inadequate due diligence investigation.
On September 15, 2008, Lehman filed a voluntary petition to reorganize under Chapter 11 of the Federal Bankruptcy Code in the U.S. Bankruptcy Court for the Southern District of New York in the largest bankruptcy filing in history and largely wiping out the investment interests of the Class.
As a result of the dissemination of the false and misleading statements set forth in the complaint, the market price of Lehman Preferred J was artificially inflated during the Class Period. In ignorance of the false and misleading nature of the statements described in the complaint, plaintiff and the other members of the Class relied, to their detriment, on the integrity of the market price of Lehman Preferred J. Had plaintiff and the other members of the Class known the truth, they would not have purchased said securities, or would not have purchased them at the inflated prices that were paid.
If you bought Lehman Brothers Holdings Inc. securities and would like to obtain information about the Lehman Brothers Holdings Inc. lawsuit, then you are invited to call Kahn Gauthier Swick, LLC toll free at (866) 467-1400 to speak with an attorney or visit www.kgscounsel.com.