Grant Gross
Senior Writer

Lucent to take $300 million charge on lawsuit ruling

news
Dec 22, 20052 mins

Fine comes in bankruptcy proceedings of Winstar

Lucent Technologies Inc. will take a US$300 million charge on its first quarter of 2006 financial statement after a judge ruled against the company in a bankruptcy case on Wednesday.

Judge Joel B. Rosenthal of the U.S. Bankruptcy Court for the District of Delaware ordered Lucent to pay about $244 million, plus statutory interest and other costs in the bankruptcy proceeding of Winstar Communications Inc. The $300 million charge will be assessed in the 2006 first fiscal quarter, which ends Dec. 31, 2005, said Lucent, a network hardware, software and services vendor based in Murray Hill, New Jersey.

Winstar, a broadband network and service provider, filed for bankruptcy in April 2001. The company sued Lucent for $10 billion, saying its bankruptcy was caused by Lucent’s breach of obligations in a strategic partnership between the two companies.

The two companies entered into a partnership in 1998. Lucent had an agreement with Winstar to provide telecommunications equipment and services. The judge’s ruling focused on two Winstar claims, the breach of contract allegation and a bankruptcy preference claim, with Winstar saying Lucent should return payments Winstar made.

Lucent disagrees with both claims, a company spokesman said.

“We have made strong arguments supporting our view that this suit was without merit,” said Lucent general counsel Bill Carapezzi, in a statement. “We are examining the judge’s ruling very carefully and will vigorously appeal the decision.”

In May 2004, Lucent was fined $25 million by the U.S. Securities and Exchange Commission (SEC), which accused the company of accounting fraud worth $1.1 billion. In part of that investigation, the SEC found that a former Lucent sales executive worked with a Winstar executive to improperly report $125 million in software purchases in Lucent’s fiscal year 2000.

Grant Gross

Grant Gross, a senior writer at CIO, is a long-time IT journalist who has focused on AI, enterprise technology, and tech policy. He previously served as Washington, D.C., correspondent and later senior editor at IDG News Service. Earlier in his career, he was managing editor at Linux.com and news editor at tech careers site Techies.com. As a tech policy expert, he has appeared on C-SPAN and the giant NTN24 Spanish-language cable news network. In the distant past, he worked as a reporter and editor at newspapers in Minnesota and the Dakotas. A finalist for Best Range of Work by a Single Author for both the Eddie Awards and the Neal Awards, Grant was recently recognized with an ASBPE Regional Silver award for his article “Agentic AI: Decisive, operational AI arrives in business.”

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