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December 14, 1819

Questions about Takeover Cases


1. What is a "takeover" case?
A takeover case is a lawsuit against the directors of a
publicly traded corporation alleging that they breached their
fiduciary duties in approving a proposed merger or
acquisition of their company by another company.

2. What is a "breach of fiduciary duty?"
A "fiduciary duty" is a duty of loyalty or trust that someone
owes to another. All states impose a duty of loyalty on
corporate officers and directors to protect the interests of all
shareholders as they would their own. If an officer or
director puts his personal interests over the rights of the
shareholders he is said to breach his fiduciary duty.

3. How do corporate directors breach their fiduciary duties
in takeover cases?
Corporate directors generally own so many shares of their
corporation's stock that they are able to control a shareholder
vote to accept any proposed merger or acquisition. If the
corporate directors structure a merger or acquisition to give
them some benefit greater than that which the deal gives to
other shareholders, because their controlling ownership
interest in the company means that they will be able to force
their self-serving deal on the minority shareholders, they
have breached their fiduciary duty to the minority
shareholders.
5. What is a takeover class action lawsuit?
A takeover class action lawsuit is a lawsuit where many
investors harmed when a member of the Company's Board
of Directors breaches his or her fiduciary duty to them join
together to sue the directors that harmed them. The
harmed investors join together to sue the directors that
harmed them because it would not be economically
feasible for each harmed investor to separately sue the
directors that harmed him.

6. How can I join a takeover class action lawsuit?
You may should call the Law Offices of Howard G. Smith. Mr.
Smith will personally explain to you how to join the lawsuit
and answer any questions that you may have. Depending
on the case, you may be able to join a takeover class action
lawsuit simply by filling out a form online.

7. What is expected of me if I join a takeover class action
lawsuit?
The only thing required of you if you join a takeover class
action lawsuit is that you must agree to keep at least a few of
your shares until the end of the litigation.

9. How long does the the litigation take?
The litigation only takes a few months.

10. Does it cost me anything to file a lawsuit?
No. The Law Offices of Howard G. Smith will never ask you
for any money and will cover any cost or expense of
litigation from its own funds.

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Penny Stocks

According to the SEC, and penny stock is a publically traded stock valued at under $5 per share. Many penny stocks on the market are priced under $1.00, and some are priced under a dime. Penny stocks are not traded on the normal exchanges. Even though you might see stocks valued at under $5 per share trading on the major markets, these stocks would not qualify as penny stocks, which are not traded on the normal exchanges.

This class of stock was originally referred to as “pink sheets” because they were traded on pink paper, before the digital age. So, many times you will hear these stocks referred to as “pink sheets”. Penny stock companies are usually smaller, unknown companies that don’t have the capitalization of larger companies. Penny stocks are risky, and the penny stock market is a volatile one. However, a volatile market can many times represent opportunities for big gains. While some investors are leery and avoid these stocks all-together, others are drawn to them due to their low price and the opportunity for huge returns.

Penny stocks can fluctuate rapidly. In this market, a stock can hump from a few cents per share to single or double-digit dollars per share in just a few weeks. Investors have reported gains of over 1,000% in this time period. At the same time, a stock can lose much of its value in a very short period of time, or not move at all for months and months.

Why are penny stocks so volatile? The main reason is transparency and reporting. Penny stock companies don’t have the same reporting standards with the SEC as a company listed on a stock exchange. Although the companies do have to produce SEC filings, the information reported is not as stringent as what an exchange traded company would have to disclose. The other reason is liquidity. The liquidity of a stock is determined by its trading volume. If a stock can be traded easily, and if it has a high level of trading activity, is is considered to be “liquid”. An investor would potentially like to be able to “liquidate”, or sell the stock for cash, and quickly if needed. However, penny stocks generally have lower trading volumes and investors can end up with stocks they can’t get rid of.

Due to transparency and reporting standards, this opens the door to scammers, dishonesty, and fraud when it comes to penny stocks. Even companies that are delinquent with their SEC filings can still have access to individual investors through other means. However, investors willing to put in the time to research penny stocks and do their due diligence can reap big rewards.

There are two main sources of information when it comes to penny stocks: otcbb.com and otcmarkets.com. Otcbb.com is a bulletin board of information for penny stocks quotes. This company is operated by FINRA. You can’t buy stocks or trade directly with a bulletin board, but you can get stock quotations if you subscribe to the email list. You can get filing information, trade halts, and other stock information on the website. OTCmarkets.com provides quotes and other information about these companies. Our favorite tool for due diligence is the stock screener page. Here you can find out where the company is located, the stock price, percentage of change, trading volume, and security type.

To buy and sell penny stocks, you do need to open a brokerage account. The SEC requires brokers to provide investors with a disclosure about trading penny stocks. Almost anyone can trade penny stocks since you don’t need a lot of money to get started.

Even though there are risks associated with trading penny stocks, many investors that enjoy playing in this market, because the returns can be exceptional.

 

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