CHICAGO, Oct. 29 2004 LAWFUEL – Lawsuit, law, legal, attorney newsHollinger International Inc. (NYSE: HLR) (“the Company”) today announced that the Special Committee of its Board of Directors (“the Special Committee”) has filed a Second Amended Complaint in the U.S. District Court for the Northern District of Illinois
(“the Court”) on behalf of the Company in its lawsuit against certain
directors and former directors and officers, as well as the Company’s
controlling shareholder and its affiliated companies. The total amount of
damages sought in this Second Amended Complaint is approximately $542 million,
which includes pre-judgment interest of $117 million.
As previously announced, the Second Amended Complaint asserts all of the
same breach of fiduciary duty claims against Hollinger Inc., Conrad Black,
David Radler, Ravelston, Barbara Amiel Black, John Boultbee, and Daniel Colson
(“the Defendants”) as had been in the previous Amended Complaint filed May 7,
2004.
The Second Amended Complaint asserts additional claims against certain of
the Defendants based on the findings set forth in the Report of Investigation
by the Special Committee filed with the Court on August 30, 2004. These
include, among others, claims to rescind the $33.5 million balance of a $36.8
million loan from the Company to Hollinger Inc. that is alleged to have been
obtained on the basis of false and misleading statements. The Second Amended
Complaint also adds claims for fraud, conversion and punitive damages, while
eliminating as Defendants Bradford Publishing Company and the Horizon
companies.
The Second Amended Complaint adds Hollinger International Director Richard
N. Perle as a Defendant. The suit claims breaches of fiduciary duty by Perle
related to his service as a member of the Company’s Executive Committee.
Gordon A. Paris, Interim Chairman, President and Chief Executive Officer
of the Company, and Chairman of the Special Committee, said: “The Special
Committee’s work is not complete until we have prosecuted litigation against
the Defendants to seek full redress for the enormous damage they have caused
to the Company and its shareholders. The filing of the Second Amended
Complaint today reflects our vigorous pursuit of this objective.”
The Company also said that, consistent with its previous statements, it
has filed a motion for an interlocutory appeal of the Court’s recent decision
related to the Company’s claims under the Racketeering Influenced and Corrupt
Organizations Act, or “RICO.”
The Company also announced today that it has reached an agreement with
Hollinger Inc. and Mr. Black for an extension of the injunction entered in
Delaware Chancery Court on June 28, 2004 and requested the Court enter an
agreed-upon form of Order. The terms of the agreement are substantially the
same as outlined in a letter to Vice Chancellor Strine filed with the Delaware
Chancery Court on October 26, 2004.
The Company will be filing the Amended Complaint and Order by the Delaware
Chancery Court as exhibits to a Form 8-K with the U.S. Securities and Exchange
Commission.
Hollinger International Inc. is a newspaper publisher with English-
language newspapers in North America and Israel. Its assets include The
Chicago Sun-Times and a large number of community newspapers in the Chicago
area, The Jerusalem Post and The International Jerusalem Post in Israel, a
portfolio of new media investments, and a variety of other assets.
Certain statements made in this release are “forward-looking statements”
within the meaning of the Private Securities Litigation Reform Act of 1995
(the “Act”). Forward-looking statements include, without limitation, any
statement that may predict, forecast, indicate or imply future results,
performance or achievements, and may contain the words “believe,”
“anticipate,” “expect,” “estimate,” “project, “will be,” “will continue,”
“will likely result,” “is subject to,” or similar words or phrases. Forward-
looking statements involve risks and uncertainties, which may cause actual
results to differ materially from the forward-looking statements. The risks
and uncertainties are detailed from time to time in reports filed by Hollinger
International with the Securities and Exchange Commission, including in its
Forms 10 K and 10 Q. New risk factors emerge from time to time and it is not
possible for management to predict all such risk factors, nor can it assess
the impact of all such risk factors on the Company’s business or the extent to
which any factor, or combination of factors, may cause actual results to
differ materially from those contained in any forward-looking statements.
Given these risks and uncertainties, investors should not place undue reliance
on forward-looking statements as a prediction of actual results.
Contacts:
US/Canada Media
Molly Morse
Kekst and Company
212-521-4826
molly-morse@kekst.com
UK Media
Jeremy Fielding
Kekst and Company
jeremy-fielding@kekst.com
1-212-521-4825