A Class action lawsuit has been filed in the United States District Court for the District of Rhode Island on behalf of purchasers of CVS Caremark Corporation (NYSE: CVS) common stock during the period between May 5, 2009 and November 4, 2009, inclusive (the “Class Period”), for violations of the Securities Exchange Act of 1934 (the “Exchange Act”). The complaint charges CVS and certain of its officers and directors with violations of the Exchange Act. CVS, since its March 2007 $22 billion acquisition of pharmacy benefits manager Caremark Rx Inc. (“Caremark”), is a fully integrated pharmacy services company and operates in two business segments: pharmacy services and retail pharmacy. The pharmacy services business includes CVS’s pharmacy benefit management business, commonly known as the PBM business, which was acquired in the Caremark acquisition in 2007. The PBM business is the principal component of the pharmacy services business segment.
The complaint alleges that, throughout the Class Period, defendants made numerous positive statements regarding the Company’s financial condition, business and prospects. The complaint further alleges that CVS failed to disclose operating problems in the PBM business, the more than $6 billion in contractual losses for 2010 and the adverse impact this would have on its 2010 financial results. According to the complaint, CVS belatedly disclosed that the Federal Trade Commission (“FTC”) had begun a “nonpublic investigation” in August 2009 into whether CVS’s business practices and service offerings violated antitrust laws. Among the business practices of CVS that the FTC is reportedly investigating is the improper use of pricing and patient data from its retail pharmacy operations to steer its PBM members to CVS stores.
On November 5, 2009, CVS issued a press release announcing the disclosures of the adverse material facts concerning the PBM business and their adverse impact on CVS's financial results for 2010, and the FTC investigation. In response to this press release, the price of CVS common stock fell 20% to close at $28.87.
If you are a current shareholder and purchased during period between May 5, 2009 and November 4, 2009 and would like to discuss your options of exercising your rights as a shareholder, please contact us.
Please submit the following information so we can determine if you qualify for the suit. If you don't know all the specific details, partial information is also acceptable.