Kahn Swick & Foti, LLC ("KSF") and KSF partner, the former Attorney General of Louisiana, Charles C. Foti, Jr., remind investors that they have untilDecember 6, 2021 to file lead plaintiff applications in securities class action lawsuits against Bristol-Myers Squibb Company (“BMS” or “the Company”) (NYSE: BMY), if they received Contingent Value Rights (“CVRs”) (NYSE: BMY.RT) in exchange for their shares of Celgene Corporation (NASDAQ: CELG) pursuant to BMS’ acquisition of Celgene on November 20, 2019. These actions are pending in the United States District Court for the Southern District of New York.
What You May Do
If you received CVRs as above and would like to discuss your legal rights and how these cases might affect you and your right to recover for your economic loss, you may, without obligation or cost to you, contact KSF Managing Partner Lewis Kahn toll-free at 1-877-515-1850 or via email (lewis.kahn@ksfcounsel.com), or visit https://www.ksfcounsel.com/cases/nyse-bmy/ to learn more. If you wish to serve as a lead plaintiff in these class actions by overseeing lead counsel with the goal of obtaining a fair and just resolution, you must request this position by application to the Court by December 6, 2021.
About the Lawsuits
On January 3, 2019, BMS and Celgene agreed to a merger under which Celgene shareholders would receive $50 in cash, one share of BMS common stock, and one CVR for each share of Celgene common stock. Each CVR would provide holders a contingent right to receive $9 in cash if certain milestones were reached, which consisted of FDA approval of three applications by certain deadline dates. On January 1, 2021, BMS announced that one of the deadlines had not been met and terminated the CVRs.
The lawsuit charges BMS with failing to take diligent efforts to meet the milestones, as required by the CVR agreement, in order to avoid paying the CVR buyout. As a result, the statements in the Joint Proxy concerning the efforts BMS would make to meet the milestones, the likelihood that the milestones would be met and the purported value of the CVRs were materially false and misleading when made.
The first-filed case is SM Merger/Arbitrage, L.P., et al., v. Bristol-Myers Squibb Company, et al., 21-cv-8255.
About Kahn Swick & Foti, LLC
KSF, whose partners include former Louisiana Attorney General Charles C. Foti, Jr., is one of the nation’s premier boutique securities litigation law firms. KSF serves a variety of clients – including public institutional investors, hedge funds, money managers and retail investors – in seeking to recover investment losses due to corporate fraud and malfeasance by publicly traded companies. KSF has offices in New York, California, Louisiana and New Jersey.
To learn more about KSF, you may visit www.ksfcounsel.com.
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