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Shareholder Litigation
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Eastman
Kodak
- Alleged that Kodak's financial guidance for 2Q
2003 was false and misleading given undisclosed problems
- Earnings guidance included in earnings release
4.23.03

- "Kodak currently expects full-year earnings to
come in at the low end of the non-GAAP range of $2.35 to $2.95 per share
provided by the company in January."
MBNA
Avaya
Newmont
Mining
SEC_CODE_REF_0090001192884
- 1Q 2005 earnings were off by over 60%
- Because of difficulties at Peruvian, Indonesian,
Australian and New Zealand mines
- Alleged that management knew of
relevant facts beforehand
- 1Q 2005 earnings release
4.27.05

- Stock chart

- Complaint
- UFCW Local D CO
eSpeed
In
re Veritas Software
- Alleged that Company confirmed revenue and
earnings guidance for 2Q 2004 when it knew that significant contracts might not
close
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Guidance provided 6.14.04

- "Q2 2004 OUTLOOK
The company also confirmed its previous guidance for the quarter ending June 30,
2004. The company expects revenue to be in the range of $490 million to $505
million and GAAP earnings per share to be in the range of $0.21 to $0.23."
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