Vigorous Defense, Again

According to news reports here (Austin Business Journal) and here (Austin American-Statesman), a class action lawsuit has been filed in Travis County District Court challenging the proposed acquisition of Encore Medical Corporation (NASDAQ: ENMC) by a subsidiary of Blackstone Capital Partners V L.P.

The American-Statesman article has a quote from Harry L. Zimmerman, Encore's Executive Vice President and General Counsel. Regular readers can guess what Mr. Zimmerman said:

The lawsuit is baseless and without merit, and we will vigorously defend it.

If only it was in a press release. . .

The deal, valued at approximately $870 million, was announced on June 30.

Encore Medical is a diversified orthopedic device company that develops, manufactures and distributes a range of orthopedic devices, including surgical implants, sports medicine equipment and products for orthopedic rehabilitation, pain management and physical therapy.

Blackstone Capital Partners V is one of the world's largest private equity funds, having raised over $15.6 billion in 2006.

The American-Statesman article indicates that Willie C. Briscoe of Provost Umphrey Law Firm LLP is counsel for plaintiff Louis Dudas in the litigation. According to the firm's website:

Although the Texas Board of Legal Specialization has certified only 10% of lawyers in Texas, every Senior Partner at Provost Umphrey Law Firm is Board Certified in Personal Injury Trial Law.

We can only assume that they will vigorously prosecute the litigation.