ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Litigation Blogs -> The FRAUDfiles Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Litigation

: The FRAUDfiles Blog

Gradient Analytics Looks Forward to Proving Overstock Wrong

By Tracy Coenen

ADVERTISEMENTS

Case Essential To Protecting Analysts From Issuer Retaliation

SCOTTSDALE, Ariz.–(BUSINESS WIRE)–Gradient Analytics, Inc. said today that a California state court has ruled that discovery may proceed in the Overstock.com vs. Gradient, et al. litigation. Discovery had been stayed for several months while motions to dismiss by several parties were pending. The motions to dismiss (which did not involve Gradient) were filed by four current and former Overstock board members who had been sued in a cross-complaint filed by Rocker Partners (now known as Copper River Partners).

In response to the court?s decision allowing discovery to go forward, Gradient Analytics President and CEO Brad Forst today noted that:

?Gradient looks forward to proceeding with discovery and vindicating itself in a court of law. Despite the fanciful allegations being made by Mr. Byrne and other Overstock representatives in the press, we believe that once the actual evidence is presented to a jury in a courtroom, it will conclude exactly what the marketplace has already concluded about Overstock, and will also agree with the SEC?s determination last year that Gradient engaged in absolutely no inappropriate conduct.?

Gradient remains committed to combating the problem of issuer retaliation against securities analysts. Commenting on the general problem of issuer retaliation, Gradient Co-Founder, Donn Vickrey, stated that:

?Overstock?s efforts to retaliate against those who express a contrary opinion are illustrative of the escalating problem of issuer retaliation against securities analysts, journalists and other critics and observers of the securities industry. Issuer retaliation poses a very significant threat to the integrity of our capital markets by discouraging the free flow of information about publicly traded companies.?

Vickrey added that:

?The global research settlement of 2002 has failed to provide investors with the objective opinions needed to make rational and informed decisions. To this day ?sell? ratings account for less than 6% of all sell-side ratings, despite a severe deterioration in fundamentals and economic conditions. Meanwhile, the independent analysts that fill the gap by providing contrary viewpoints are under attack by issuers who don?t like their opinions.?

Overstock.com remains under investigation by the SEC with regard to its prior accounting practices, its lawsuit against Gradient, and other matters. The other publicly traded issuer about whom Gradient was critical and who also filed a retaliatory lawsuit against Gradient (Biovail Corporation), recently paid $10 million to settle SEC accounting fraud charges, and four of its former senior executives continue to face pending charges from the SEC. Both Biovail and these same former senior executives also remain under investigation by the Ontario Securities Commission.

About Gradient Analytics

Gradient is one of the Country?s leading independent research firms providing objective, academically-rigorous research and quantitative stock ratings for institutional clients.

ShareThis

Full post as published by The FRAUDfiles Blog on April 24, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0136 secs (new cache)