Friday, August 7, 2009

Tucson: Funding for Innovation Diverted to Lawyers

TUCSON

Arizona Star August 6, 2009

Tucson firm to pay $5.3M to settle suits


Tucson-based
Applied En­ergetics Inc. said it will pay $5.3 million to settle 2006 class-ac­tion lawsuits alleging the com­pany withheld information from shareholders about problems with a product designed to de­feat roadside bombs.

Besides payment of $5.3 mil­lion in cash, the company said it will issue new stock worth $1.2 million, up to 4 million shares.

Applied Energetics, formerly known as
Ionatron Inc. , admit­ted no wrongdoing as part of the settlement and said it settled to avoid the uncertainty and ex­pense of further litigation. In­surance will pay for the cash payout, the company said.

The settlement, which is still subject to court approval, also releases from any claims compa­ny executives including co­founder and former chairman Robert Howard and former CEO Thomas C. Dearmin.

The consolidated lawsuits were filed after then-Ionatron revealed in May 2006 that its anti-bomb device was not deemed “deployment-ready” by the U.S. military because its ve­hicle wasn’t rugged enough. The company’s shares fell nearly 40 percent in the next four days.

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