-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, SHyt7lr0jG3vKrCk3pE5LnQ84kfI9Hwm89DqmkfqLBf8VBokUoD324m7gLa3srVw zVyWpzUBXRIVjFHNu5vyVA== 0000950123-04-009030.txt : 20040730 0000950123-04-009030.hdr.sgml : 20040730 20040730141620 ACCESSION NUMBER: 0000950123-04-009030 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040730 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040730 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BRISTOL MYERS SQUIBB CO CENTRAL INDEX KEY: 0000014272 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 220790350 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-01136 FILM NUMBER: 04941822 BUSINESS ADDRESS: STREET 1: 345 PARK AVE CITY: NEW YORK STATE: NY ZIP: 10154 BUSINESS PHONE: 2125464000 MAIL ADDRESS: STREET 1: 345 PARK AVE CITY: NEW YORK STATE: NY ZIP: 10154 FORMER COMPANY: FORMER CONFORMED NAME: BRISTOL MYERS CO DATE OF NAME CHANGE: 19891012 8-K 1 y99611e8vk.htm BRISTOL-MYERS SQUIBB COMPANY BRISTOL-MYERS SQUIBB COMPANY
 



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

 
Washington, D.C. 20549
 

FORM 8-K

 
CURRENT REPORT
 
PURSUANT TO SECTION 13 OR 15(D) OF
THE SECURITIES EXCHANGE ACT OF 1934

 

Date of Report (Date of earlies event reported): July 30, 2004

 

BRISTOL-MYERS SQUIBB COMPANY

(Exact Name of Registrant as Specified in its Charter)

 

         
Delaware   1-1136   22-079-0350
(State or Other Jurisdiction
of Incorporation)
  (Commission File Number)   (IRS Employer
Identification Number)

 

345 Park Avenue
New York, NY 10154

(Address of Principal Executive Office)

Registrant's telephone number, including area code: (212) 546-4000

 




 

Item 5. OTHER EVENTS

      Incorporated by reference in its entirety is a press release issued by the Registrant on July 30, 2004, attached as exhibit 99, concerning the announcement today that it has reached an agreement to settle its securities class action lawsuit, in re BMS Securities Litigation, Master File, No. 02-CV-2551 LAP, which is pending in the U.S. District Court in the Southern District of New York against the Registrant and a number of the Registrant’s current and former officers, related to wholesaler inventory and other accounting matters, and the company’s investment in and relationship with ImClone Systems Inc., and ImClone’s product, ERBITUX.

Item 7(c). EXHIBITS

Exhibit 99 —  Press release dated July 30, 2004, announcing that the Registrant has reached an agreement to settle its securities class action lawsuit, in re BMS Securities Litigation, Master File, No., 02-CV-2551 LAP.

SIGNATURE

      Under the requirements of the Securities Exchange Act of 1934, the Registrant has caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

  BRISTOL-MYERS SQUIBB COMPANY
 
  By: /s/ Sandra Leung
 
  Sandra Leung
  Secretary

Dated: July 30, 2004


 

EXHIBIT INDEX

     
Exhibit
Number Description


99
  Press release dated July 30, 2004, announcing that the Registrant has reached an agreement to settle its securities class action lawsuit, in re BMS Securities Litigation, Master File, No., 02-CV-2551 LAP.
EX-99 2 y99611exv99.htm PRESS RELEASE PRESS RELEASE
 

             
Contact:
  Media:   Investors:    
    Robert Zito   John Elicker    
    212-546-4341   212-546-3775    
    Wilson Grabill        
    212-546-4377        

BRISTOL-MYERS SQUIBB TO SETTLE

SECURITIES CLASS ACTION LITIGATION

(NEW YORK, July 30, 2004) — Bristol-Myers Squibb Company (NYSE: BMY) announced today that it has reached an agreement to settle its securities class action lawsuit, in re BMS Securities Litigation, Master File, No. 02-CV-2551 LAP,which is pending in the U.S. District Court in the Southern District of New York against the company and a number of the company’s current and former officers, related to wholesaler inventory and other accounting matters, and the company’s investment in and relationship with ImClone Systems Inc., and ImClone’s product, ERBITUX.

Under the proposed settlement, the litigation will be terminated in exchange for a payment of $300 million. As part of the settlement, the company made no admission of wrongdoing.

As previously disclosed, the company increased its reserves for liabilities in the second quarter of 2004 by approximately $320 million, from $150 million to approximately $470 million, for private litigation and governmental investigations related to wholesaler inventory issues and other accounting matters. The entire amount to be paid under this settlement will be charged against this increased reserve. The proposed settlement does not resolve the pending governmental investigations and other private litigation (both ERISA and derivative litigation) related to wholesaler inventory issues and other accounting matters.

The settlement is subject to a number of conditions, including final court approval following completion of a fairness hearing. At this time, there can be no assurance that those conditions will be met and that the settlement will receive final court approval.

For a discussion of the company’s legal proceedings, see Note 15 — “Legal proceedings and contingencies” included in the Company’s Quarterly Report on form 10-Q/ A for the period ended March 31, 2004. A detailed description of the pending governmental investigations, derivative litigation and ERISA litigation is set forth under “Other securities matters” and “ERISA — Litigation”, respectively, included in Note 15.

Bristol-Myers Squibb is a global pharmaceutical and related healthcare products company whose mission is to extend and enhance human life. -----END PRIVACY-ENHANCED MESSAGE-----