In Re Beckman Coulter, Inc. Securities Litigation

The information contained on this web page is only a summary.

YOU MAY DOWNLOAD A FULL COPY OF THE NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT AND MOTION FOR ATTORNEYS’ FEES AND EXPENSES (THE “NOTICE”) BY CLICKING HERE

IF YOU PURCHASED OR OTHERWISE ACQUIRED THE COMMON STOCK OF BECKMAN COULTER, INC. (“BECKMAN" OR THE "COMPANY"), BETWEEN JULY 31, 2009 AND JULY 22, 2010, INCLUSIVE (THE "CLASS PERIOD"), YOU MAY BE ELIGIBLE FOR A PAYMENT FROM A CLASS ACTION SETTLEMENT.

Your legal rights are affected whether you act or do not act. Please read the Notice carefully.

Security and Time Period: Beckman Coulter, Inc. common stock purchased or acquired between July 31, 2009 and July 22, 2010, inclusive.

YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT
ACTIONS YOU MAY TAKE	EFFECT OF TAKING THIS ACTION
SUBMIT A CLAIM FORM POSTMARKED NO LATER THAN APRIL 12, 2012.	This is the only way to get a payment.
EXCLUDE YOURSELF FROM THE CLASS BY SUBMITTING A WRITTEN REQUEST FOR EXCLUSION POSTMARKED NO LATER THAN February 6, 2012.	Get no payment. This is the only option that allows you to ever be part of any other lawsuit against the Defendants concerning the claims that were, or could have been, asserted in this case. It is also the only way for Class Members to remove themselves from the Class.
OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION POSTMARKED NO LATER THAN february 6, 2012.	Write to the Court and explain why you do not like the Settlement, the proposed Plan of Allocation, and/or the request for attorneys’ fees and reimbursement of expenses. You cannot object if you are not a Class Member or if you exclude yourself.
GO TO THE HEARING ON february 27, 2012, AT 10:00 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS POSTMARKED NO LATER THAN FEBRUARY 6, 2012.	Ask to speak in Court about the fairness of the Settlement, the proposed Plan of Allocation, or the request for attorneys’ fees and reimbursement of expenses.
DO NOTHING	Get no payment. Remain a Class Member. Give up your rights.

These rights and options—and the deadlines to exercise them—are explained in the Notice. Please note the date of the Settlement Hearing—currently scheduled for February 27, 2012 at 10:00 a.m.—is subject to change without further notice. If you plan to attend the hearing, you should check with Lead Counsel as set forth below, or with the Court, to be sure that no change to the date and time of the hearing has been made.

The Court in charge of this case must decide whether to approve the settlement. Payments will be made if the Court approves the settlement and, if there are any appeals, after appeals are resolved. Please be patient.

SUMMARY OF THE NOTICE

Statement of Plaintiff Recovery: Subject to Court approval,Lead Plaintiff, on behalf of the proposed Class, has agreed to settle all claims related to the purchase or acquisition of Beckman common stock during the Class Period that were or could have been asserted against the Defendants in the Action, in exchange for a payment of $5,000,000 in cash (the “Settlement Amount”) to be deposited into an interest-bearing escrow account (the “Settlement Fund”), plus payment of the costs of Settlement Notice and Administration Expenses in an amount not to exceed a total cumulative cap of $500,000. Based on Lead Plaintiff’s consulting damages expert’s estimate of the amount of Beckman common stock that may have been damaged as a result of the alleged misstatements and omissions by the Defendants, and assuming that all those shares participate in the Settlement, Lead Counsel estimates that the average recovery would be approximately $0.16 per allegedly damaged share, before the deduction of Court-approved attorneys’ fees and expenses, taxes, and notice and administration costs in excess of $500,000, if any. Class Members should note, however, that this is only an estimate based on the overall number of potentially damaged shares in the Class. Some Class Members may recover more or less than this estimated amount depending on, among other factors, when, where, and the prices at which their shares were purchased or sold. The Net Settlement Fund (the Settlement Fund less taxes, notice and administration costs in excess of $500,000, and attorneys’ fees and litigation expenses awarded to Lead Counsel) will be distributed in accordance with a plan of allocation (the “Plan of Allocation”) approved by the Court that will determine how the Net Settlement Fund shall be allocated to the members of the Class. The proposed Plan of Allocation is included in the Notice.

Statement of Potential Outcome of the Lawsuit: The Parties do not agree on the average amount of damages per share that would be recoverable if Lead Plaintiff were to prevail on the claims against the Defendants. The Defendants deny all liability and that any Beckman common stock was damaged as Lead Plaintiff has alleged. The issues on which the Parties disagree include, for example: (i) whether any Defendant made any alleged misrepresentation or omission whatsoever; (ii) the amount by which the price of Beckman common stock was artificially inflated, if at all, as a result of the alleged misstatements and omissions by the Defendants; (iii) the amount of alleged damages, if any, suffered by purchasers or acquirers of Beckman common stock; (iv) the appropriate economic models for determining the amounts by which Beckman common stock was allegedly artificially inflated, if at all; and (v) the effect of various market forces influencing the trading prices of Beckman common stock.

Attorneys’ Fees and Litigation Expenses: Lead Counsel will apply to the Court for an award of attorneys’ fees from the Settlement Fund in an amount not to exceed 25% of $5,500,000, plus interest at the same rate as is earned by the Settlement Fund. In addition, Lead Counsel also will apply for the reimbursement of litigation expenses paid or incurred in connection with the prosecution and resolution of the Action, in an amount not to exceed $148,000, plus interest from the date of funding at the same rate as earned by the Settlement Fund. Lead Counsel’s overall request for reimbursement of litigation expenses may include a request for an award to Lead Plaintiff Arkansas Teacher Retirement System and Iron Workers District Council of New England Pension Fund for reimbursement of its reasonable costs and expenses directly related to its representation of the Class in an amount not to exceed $40,000. If the Court approves Lead Counsel’s attorneys’ fee application in full, the average amount of fees and expenses will be approximately $0.04 per allegedly damaged share.

More Information:

Claims Administrator:

Beckman Securities Litigation

Claims Administrator

c/o A.B. Data, Ltd.

PO Box 170500

Milwaukee, WI 53217-8091

800-494-2165

info@BeckmanCoulterSecuritiesSettlement.com

www.BeckmanCoulterSecuritiesSettlement.com

Lead Counsel:

Christopher J. McDonald, Esq.

LABATON SUCHAROW LLP

140 Broadway

New York, NY 10005

888-219-6877

settlementquestions@labaton.com

www.labaton.com

If you have questions, you may call the Beckman Coulter Securities Litigation Settlement Help Line at 800-494-2165 or email info@BeckmanCoulterSecuritiesSettlement.com.