Valassis and News America Agree to Settle All Outstanding Lawsuits
31 1월 2010 - 3:27AM
PR Newswire (US)
News America Agrees to Pay $500 Million; Signs 10-Year Shared Mail
Distribution Agreement with Valassis Direct Mail LIVONIA, Mich.,
Jan. 30 /PRNewswire-FirstCall/ -- Valassis (NYSE:VCI), one of the
nation's leading media and marketing services companies, announced
today that it has reached an agreement to settle its outstanding
lawsuits against News America Marketing (NAM), a division of News
Corporation. The settlement discussions were overseen by the
Honorable Judge Arthur Tarnow of the United States District Court,
Eastern District of Michigan. Under the terms of the settlement,
NAM will pay Valassis $500 million and will also enter into a
10-year shared mail distribution agreement with Valassis Direct
Mail, a Valassis subsidiary. In addition, the judge will issue a
permanent injunction related to certain business practices at issue
in the lawsuits. "I am pleased that we were able to reach a
mutually agreeable settlement and avoid protracted future
litigation," said Alan F. Schultz, Valassis Chairman, President and
Chief Executive Officer. The settlement includes the dismissal with
prejudice of Valassis' lawsuits pending against NAM in the United
States District Court, Eastern District of Michigan, and the
Supreme Court of the State of California for the County of Los
Angeles. The settlement agreement also provides that the judgment
in the Wayne County Circuit Court case from July 2009 will be
satisfied and all related appeals will be dismissed. For more
information regarding these lawsuits, see Valassis' most recently
filed Form 10-Q. Finally, the settlement dismisses with prejudice
NAM's defamation suit against Valassis in The Supreme Court of the
State of New York. The trial team was led by Greg Curtner of
Miller, Canfield, Paddock and Stone, PLC and David Mendelson of the
Law Offices of David Mendelson and included Michael Palizzi,
Kimberly Scott and Robert Wierenga, also of Miller Canfield,
Anthony Rusciano of Plunkett Cooney PC, and Henry Baskin of The
Baskin Law Firm. About Valassis Valassis is one of the nation's
leading media and marketing services companies, offering
unparalleled reach and scale to more than 15,000 advertisers. Its
RedPlum media portfolio delivers value on a weekly basis to over
100 million shoppers across a multi-media platform - in-home,
in-store and in-motion. Through its interactive offering -
redplum.com - consumers will find compelling national and local
deals online. Headquartered in Livonia, Michigan with approximately
7,000 associates in 28 states and eight countries, Valassis is
widely recognized for its associate and corporate citizenship
programs, including its America's Looking for Its Missing Children®
program. Valassis companies include Valassis Direct Mail, Inc.,
Valassis Canada, Promotion Watch, Valassis Relationship Marketing
Systems, LLC and NCH Marketing Services, Inc. For more information,
visit http://www.valassis.com/ or http://www.redplum.com/. Safe
Harbor and Forward-Looking Statements Certain statements found in
this document constitute "forward-looking statements" within the
meaning of the Private Securities Litigation Reform Act of 1995.
Such forward-looking statements involve known and unknown risks and
uncertainties and other factors which may cause our actual results,
performance or achievements to be materially different from any
future results, performance or achievements expressed or implied by
such forward-looking statements. Such factors include, among
others, the following: price competition from our existing
competitors; new competitors in any of our businesses; a shift in
client preference for different promotional materials, strategies
or coupon delivery methods, including, without limitation, as a
result of declines in newspaper circulation; an unforeseen increase
in paper or postal costs; changes which affect the businesses of
our clients and lead to reduced sales promotion spending,
including, without limitation, a decrease of marketing budgets
which are generally discretionary in nature and easier to reduce in
the short-term than other expenses; our substantial indebtedness,
and ability to refinance such indebtedness, if necessary, and our
ability to incur additional indebtedness, may affect our financial
health; the financial condition, including bankruptcies, of our
clients, suppliers, senior secured credit facility lenders or other
counterparties; our ability to comply with or obtain modifications
or waivers of the financial covenants contained in our debt
documents; certain covenants in our debt documents could adversely
restrict our financial and operating flexibility; ongoing
disruptions in the credit markets that make it difficult for
companies to secure financing; fluctuations in the amount, timing,
pages, weight and kinds of advertising pieces from period to
period, due to a change in our clients' promotional needs,
inventories and other factors; our failure to attract and retain
qualified personnel may affect our business and results of
operations; a rise in interest rates could increase our borrowing
costs; we may be required to recognize additional impairment
charges against goodwill and intangible assets in the future; court
approval of the settlement agreement among the parties to the
pending ADVO securities class action lawsuit; possible governmental
regulation or litigation affecting aspects of our business; the
credit and liquidity crisis in the financial markets could continue
to affect our results of operations and financial condition;
reductions of our credit ratings may have an adverse impact on our
business; counterparties to our secured credit facility and
interest rate swaps may not be able to fulfill their obligations
due to disruptions in the global credit markets; uncertainty in the
application and interpretation of applicable state sales tax laws
may expose us to additional sales tax liability; and general
economic conditions, whether nationally, internationally, or in the
market areas in which we conduct our business, including the
adverse impact of the ongoing economic downturn on the marketing
expenditures and activities of our clients and prospective clients
as well as our vendors, with whom we rely on to provide us with
quality materials at the right prices and in a timely manner. These
and other risks and uncertainties related to our business are
described in greater detail in our filings with the United States
Securities and Exchange Commission, including our reports on Forms
10-K and 10-Q and the foregoing information should be read in
conjunction with these filings. We disclaim any intention or
obligation to update or revise any forward-looking statements,
whether as a result of new information, future events or otherwise.
DATASOURCE: Valassis CONTACT: Investors: Mary Broaddus, Director,
Investor Relations and Corporate Communications, +1-734-591-7375, ,
or Media: Annie Perkins, PAN Communications, +1-978-886-4318, Web
Site: http://www.valassis.com/
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