San Diego, California
January 28, 1999Milberg Weiss Bershad Hynes & Lerach LLP announced
today that a class action has been commenced in the United States District Court for the
Northern District of California on behalf of purchasers of DNA Plant Technology Corp.
("DNAP") (Nasdaq: DNAP) $2.25 Convertible Exchangeable Preferred Stock, whose
stock was converted pursuant to a September 1996 merger, into common stock of DNAP Holding
Corp. ("DHC").
If you are a member of the Class described above, you may, no later than 60 days from
January 26, 1999, move the Court to serve as lead plaintiff of the Class, if you so
choose. In order to serve as lead plaintiff, however, you must meet certain legal
requirements. If you wish to discuss this action or have any questions concerning this
notice or your rights or interests, please call 1-800-449-4900 or contact us via our Web
site.
The complaint charges DNAP, DHC, Empresas La Moderna, SA de C.V. and certain of their
officers and directors with violations of the Securities Act of 1933 and the Securities
Exchange Act of 1934. The complaint alleges that the Aug. 13, 1996 Proxy
Statement/Prospectus that DNAP and DHC disseminated to DNAP shareholders, recommending
approval of the merger, improperly failed to disclose that the real reasons for the merger
were (1) to realize value for a strain of high-nicotine tobacco that DNAP had illegally
developed for tobacco company Brown & Williamson, and (2) to increase the indemnity
coverage of DNAP's officers and directors to insulate them from financial liability for
those illegal acts.
The complaint further alleges that the conversion of the DNAP Preferred Stock into DHC
Common Stock eliminated the rights and preferences of the DNAP Preferred Stockholders.
After the
DNAP-DHC merger was consummated, DNAP pleaded guilty in January 1998 to conspiracy to
violate the Tobacco Seed Export Law.
Plaintiff seeks to recover damages on behalf of all purchasers of DNAP $2.25 Convertible
Exchangeable Preferred Stock converted into common stock of DHC pursuant to the September
1996 merger (the "Class"). The plaintiff is represented by two law firms,
including Milberg Weiss Bershad Hynes & Lerach LLP, who have expertise in prosecuting
investor class actions and extensive experience in actions involving financial fraud.
Milberg Weiss has been actively engaged in commercial litigation, emphasizing securities
and antitrust class actions, for more than 30 years. The firm has offices in New York, San
Diego, San Francisco, Los Angeles and Boca Raton and is active in major litigation pending
in federal and state courts throughout the United States. The firm's reputation for
excellence has been recognized on repeated occasions by courts which have appointed the
firm to major positions in complex multi-district or consolidated litigations. Milberg
Weiss has taken a lead role in numerous important actions on behalf of defrauded
investors, and has been responsible for a number of outstanding recoveries which, in the
aggregate, total approximately $2 billion.
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