Law suit threat for Vivus over battle for shareholders' votes

17 July 2013

The battle has heated up between US drugmaker Vivus (Nasdaq: VVUS) and its top investor First Manhattan (FMC) ahead of the Vivus shareholders’ meeting, which has been postponed until tomorrow.

Vivus recognized that after poor sales of its obesity drug Qsymia (phentermine and topiramate extended-release) and falling share prices a change in the board was necessary ( The Pharma Letter July 14). It wanted to invite three FMC directors to join the board, while FMC proposed appointing nine directors to replace the entire board.

After Monday’s shareholder meeting was postponed to resolve discussion the interchanges have become increasingly heated. Vivus has reported FMC to the US Securities and Exchange Commission (SEC) for making “false and misleading statements” to the company’s stockholders regarding the recommendation of Institutional Shareholder Services (ISS) ahead of the meeting.

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