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
September 13, 2010
Date of Report (Date of earliest event reported)
Acura Pharmaceuticals, Inc.
(Exact name of registrant as specified in its charter)
State of New York |
1-10113 |
11-0853640 |
||
| (State or other jurisdiction of incorporation) |
(Commission File Number) | (IRS Employer Identification No.) |
616 N. North Court, Suite 120 Palatine, Illinois 60067 |
| (Address of principal executive offices) (Zip Code) |
(847) 705-7709
Registrant's telephone number, including area code:
| Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below): |
||
| [ ] | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) | |
| [ ] | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) | |
| [ ] | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) | |
| [ ] | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) | |
Item 8.01. Other Events.
On September 13, 2010 we issued a press release announcing that we and certain of our current and former executive officers have been named as defendants in a purported class action lawsuit filed on September 10, 2010 in the United States District Court for the Northern District of Illinois, Eastern Division. The press release is attached as Exhibit 99.1 and is incorporated by reference herein.
Item 9.01. Financial Statements and Exhibits.
Exhibit Number
Description
99.1
Press Release dated September 13, 2010
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| Acura Pharmaceuticals, Inc. |
||
| Date: September 13, 2010 | By: | /s/ PETER A. CLEMENS Peter A. Clemens Senior Vice President & Chief Financial Officer |
EXHIBIT INDEX
| Exhibit Number | Description | |
| 99.1 | Press Release dated September 13, 2010 |
EXHIBIT 99.1
Acura Pharmaceuticals Named in Purported Class Action Securities Litigation
PALATINE, Ill., Sept. 13, 2010 (GLOBE NEWSWIRE) -- Acura Pharmaceuticals, Inc. (Nasdaq:ACUR) today announced that it and certain of its current and former executive officers have been named as defendants in a purported class action lawsuit filed on September 10, 2010 in the United States District Court for the Northern District of Illinois, Eastern Division. The complaint alleges that the Company and certain executive officers violated federal securities laws by making false or misleading statements, or failing to disclose material facts in order to make statements not misleading, during the period February 21, 2006 through April 22, 2010, relating to the Company's Acurox® product candidate, and that these statements artificially inflated the trading price o f the Company's common stock to the detriment of shareholders who purchased shares during that time. Plaintiff seeks unspecified compensatory damages for the purported class.
Acura believes the claims are meritless and intends to defend this lawsuit vigorously.
About Acura Pharmaceuticals, Inc.
Acura Pharmaceuticals, Inc., is a specialty pharmaceutical company engaged in research, development and manufacture of product candidates intended to introduce limits and impediments to abuse utilizing the Company's proprietary Aversion® Technology, Impede™ Technology, and other novel technologies.
The Acura Pharmaceuticals, Inc. logo is available at http://www.globenewswire.com/newsroom/prs/?pkgid=4847
Forward Looking Statements
This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 (the "Act"). When used in this press release, the words "estimate," "project," "anticipate," "expect," "intend," "believe," and similar expressions are intended to identify forward-looking statements. Acura Pharmaceuticals, Inc. disclaims any intent or obligation to update these forward-looking statements, and claim the protection of the Safe Harbor for forward-looking statements contained in the Act. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause actual results, performance or achievements to be materially different from any future results, performance, or achievements expressed or implied by such forward-looking statements. Important factors that may cause actual results to differ materially from the forward-looking statements are discussed in the "Risk Factors" section and other sections of Acrua Pharmaceuticals' Annual Report on Form 10-K for the fiscal year ended December 31, 2009, which is on file with the U.S. Securities and Exchange Commission.
ADMINISTRATIVE OFFICES
ACURA PHARMACEUTICALS, INC.
616 N. NORTH COURT, PALATINE, ILLINOIS 60067
ACUROX and AVERSION are registered trademarks and IMPEDE is a trademark of Acura Pharmaceuticals, Inc.
CONTACT: Acura Pharmaceuticals, Inc.
Peter Clemens, SVP & CFO
847-705-7709