Berman DeValerio Files Class Action Lawsuit on Behalf of athenahealth, Inc. Investors
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BOSTON--(Business Wire)--
The law firm of Berman DeValerio announced today that it has filed a class
action lawsuit against athenahealth, Inc. (Nasdaq: ATHN) ("athenahealth" or the
"Company") alleging violations of the federal securities laws.
Berman DeValerio (www.bermandevalerio.com) filed the complaint on March 19, 2010
in the United States District Court for the District of Massachusetts on behalf
of investors who purchased athenahealth`s publicly traded securities between
October 29, 2009 through and including February 25, 2010 (the "Class Period").
The complaint alleges that athenahealth and certain top officers and directors
knowingly made materially false and misleading representations in the Company`s
financial statements from 2005 through 2008 and in its quarterly financial
statements for 2008 and the first three quarters of 2009. The action seeks to
recover losses under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 (the "Exchange Act") and Rule 10b-5 promulgated thereunder by the United
States Securities and Exchange Commission (the "SEC"). The case was filed as
1:10-cv-10477-GAO. Pursuant to the Private Securities Litigation Reform Act of
1995, investors wishing to serve as the Lead Plaintiff are required to file a
motion for appointment as Lead Plaintiff by no later than May 18, 2010.
Based in Watertown, Mass., athenahealth provides Internet-based business
services for medical practices in the United States. On February 25, 2010, after
the markets closed, athenahealth announced that its previous financial
statements could no longer be relied upon due to the Company`s methodology for
calculating implementation revenue and that it would likely restate its prior
financial statements. The Company`s stock fell almost 13% on the news, from a
close of $43.52 on February 25, 2010 to a close of $37.96 on February 26, 2010.
In a March 15, 2010 news release, the Company offered further details,
announcing that it needed to amortize its service implementation revenue over a
12-year period - the time it expects to do business with a new customer - rather
than a single year, as it had done previously. As a result, athenahealth
announced it was restating its financial results for fiscal years 2005 through
2008, as well as 2008 interim quarters and the first three quarters of 2009.
The complaint alleges that during the Class Period certain athenahealth insiders
profited by more than $7.8 million by selling Company securities, while they
knowingly overstated revenues and earnings in violation of Generally Accepted
Accounting Principles ("GAAP"). Furthermore, the complaint states that the
Company`s internal auditors were also aware of the revenue amortization
practices, which were in clear violation of GAAP, during the Class Period.
To receive a copy of the complaint, please call Berman DeValerio at (617)
542-8300 or click here.
If you are a member of the Class, you may, no later than May 18, 2010, request
that the court appoint you as Lead Plaintiff for the class. You may contact the
attorneys at Berman DeValerio to discuss your rights and interests in the case,
or you may submit information online by clicking here. Please note: you may also
retain counsel of your choice and need not take any action at this time to be a
class member.
Berman DeValerio is a national law firm representing plaintiffs in lawsuits
against corporate wrongdoers, chiefly for violations of securities and antitrust
laws. The firm has 40 lawyers in Boston, San Francisco and Palm Beach Gardens,
Florida.
Berman DeValerio
Jason M. Leviton, Esq.
jleviton@bermandevalerio.com
or
Jeffrey C. Block, Esq., 617-542-8300
jblock@bermandevalerio.com
Copyright Business Wire 2010
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