Frequently Asked Questions

  1. Why did I get the Settlement Notice?

    The Court authorized that the Settlement Notice be sent to you because you or someone in your family may have purchased or acquired the publicly traded common stock of AMD from April 4, 2011 through October 18, 2012, inclusive.

    If this description applies to you or someone in your family, you have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after any objections and appeals are resolved, an administrator appointed by the Court will make the payments that the Settlement allows.

    The Settlement Notice explains the lawsuit, the Settlement, Class Members’ legal rights, what benefits are available, who is eligible for them, and how to get them.

    If you did not receive a Notice, and believe you are part of this lawsuit, you can review a copy of the Notice here.

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  2. What is this lawsuit about?

    AMD is a multinational semiconductor company. During the Class Period, a majority of AMD’s revenue was derived from the sale of computer microprocessors, chipsets, and embedded processors, while the remainder of its revenue came primarily from the sale of graphics, video, and multimedia products. Class Representatives’ claims center on the launch of AMD’s “Llano” microprocessor, an (APU) product that combined a (CPU) with a (GPU) onto one piece of silicon. As detailed in the operative complaint, Class Representatives allege that Defendants made materially false and misleading statements and omissions concerning Llano’s production, launch, demand, and sales, among other things. Class Representatives further allege that when certain disclosures pertaining to Llano’s production and supply, and the related impact on AMD’s financial results and inventories, were made, AMD’s stock price fell, allegedly damaging class members.

    Details of the timeline can be found on the Settlement Notice.

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  3. Why is this a class action?

    In a class action, one or more persons or entities (in this case, the Class Representatives), sue on behalf of people and entities that have similar claims. Together, these people and entities are a class, and each is a class member. Bringing a case, such as this one, as a class action allows the Court to resolve many similar claims of persons and entities that might be economically too small to bring as individual actions. One court resolves the issues for all class members at the same time, except for those who exclude themselves, or “opt-out,” from the class.

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  4. How do I know if I am part of the Class?

    The Court has certified the following Class, subject to certain exceptions identified below:

    All persons and entities that, during the period from April 4, 2011 through October 18, 2012, inclusive, purchased or otherwise acquired shares of the publicly traded common stock of AMD.

    Check your investment records or contact your broker to see if you purchased or acquired the publicly traded common stock of AMD during the period from April 4, 2011 through October 18, 2012, inclusive.

    If you only sold AMD common stock during the Class Period, your sale alone does not make you a Class Member. You are eligible to be a Class Member only if you purchased AMD common stock during the Class Period.

    If you are still not sure whether you are included, you can ask for free help. You can call 1-844-855-8569 for more information.

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  5. Are there exceptions to being included?

    Yes. Some people are excluded from the Class by definition. Excluded from the Class are AMD and the Individual Defendants; members of the immediate families of the Individual Defendants; AMD’s subsidiaries and affiliates; any person who was an officer or director of AMD or any of AMD’s subsidiaries or affiliates during the Class Period; any entity in which any Defendant has a controlling interest; AMD’s employee retirement and benefit plan(s); any person or entity that validly and timely sought exclusion from the Class in connection with the Class Notice previously disseminated who does not opt back into the Class; and the legal representatives, heirs, successors and assigns of any such excluded person or entity.

    Also excluded from the Class is anyone who submitted a valid and timely request for exclusion from the Class.

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  6. What if I am still not sure if I am included?

    If you are still not sure whether you are included in the Class, you can ask for free help. You can call the Claims Administrator toll-free at (844) 855-8569, send an e-mail to the Claims Administrator at info@AMDSecuritiesLitigation.com, or write to the Claims Administrator, Hatamian v. Advanced Micro Devices, Inc., P.O. Box 4349, Portland, OR 97208-4349.

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  7. How much will my payment be?

    In exchange for the Settlement and the release of the Released Claims against the Released Defendant Parties, Defendants have agreed to create a $29,500,000 cash fund, which will earn interest, to be distributed after the deduction of Court-approved fees and expenses among all Class Members who submit a valid Claim Form and are found to be entitled to a distribution from the Net Settlement Fund (“Authorized Claimants”).

    If you are an Authorized Claimant entitled to a payment, your share of the Net Settlement Fund will depend on several things, including: how many Class Members timely send in valid Claim Forms; the total amount of recognized losses of other Class Members; how many shares of AMD common stock you purchased; the prices and dates of those purchases; and the prices and dates of any sales.

    You can calculate your recognized loss in accordance with the formulas shown in the Plan of Allocation (set forth in the Settlement Notice). It is unlikely that you will receive a payment for all of your recognized loss. See the Plan of Allocation of Net Settlement Fund on pages 11-13 of the Settlement Notice for more information on your recognized loss.

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  8. How can I receive a payment?

    The deadline to file a claim for this matter was February 13, 2018. If you have any questions or concerns please contact us at info@AMDSecuritiesLitigation.com or by calling 1-844-855-8569

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  9. What am I giving up to receive a payment or stay in the Class?

    Unless you excluded yourself, you will stay in the Class, which means that upon the “Effective Date” you will release all “Released Claims” against the “Released Defendant Parties”. For additional information and a definition of these terms, please review the Settlement Notice.

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  10. How do I “opt out” (exclude myself) from the Class?

    The deadline to request exclusion from the Settlement was February 6, 2018, and has now passed.

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  11. If I do not exclude myself, can I sue Defendants and the other Released Defendant Parties for the same thing later?

    No. If you are a Class Member, unless you excluded yourself, you have given up any rights to sue the Defendants and the other Released Persons for any and all Released Claims. If you have a pending lawsuit against any of the Released Persons, speak to your lawyer in that case immediately.

    The deadline to request exclusion from the Settlement was February 6, 2018, and has now passed.

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  12. What if I previously requested exclusion in connection with the Class Notice and now want to be eligible to receive a payment from Settlement? How do I opt-back into the Class?

    The deadline to opt back into the class was February 6, 2018, and has since passed

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  13. Do I have a lawyer in this case?

    The Court ordered the law firms of Labaton Sucharow LLP and Motley Rice LLC to represent all Class Members. These lawyers are called Class Counsel. You will not be separately charged for these lawyers. The Court will determine the amount of Class Counsel’s fees and expenses, which will be paid from the Settlement Fund. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  14. How will the lawyers be paid?

    Class Counsel, and other attorneys who assisted Class Counsel, have not been paid for any of their work. They will ask the Court to award them, from the Settlement Fund, attorneys’ fees of no more than 30% of the Settlement Fund, which includes interest on such fees at the same rate as earned by the Settlement Fund. Class Counsel will also seek payment of litigation expenses in connection with the prosecution of this Action of no more than $3,000,000, plus interest on such expenses at the same rate as earned by the Settlement Fund, which may include reimbursements to the Class Representatives for their expenses (including lost wages), pursuant to the Private Securities Litigation Reform Act of 1995.

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  15. How do I tell the Court that I do not like something about the proposed Settlement?

    The deadline to object to the Settlement was February 6, 2018 and has now passed.

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  16. What is the difference between objecting and excluding?

    Objecting is telling the Court that you do not like something about the proposed Settlement, Plan of Allocation, or Fee and Expense Application. You can still recover from the Settlement, and you will still be bound by the Settlement and any Court order in this Action. You can object only if you stay in the Class.

    Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

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  17. What was the outcome of the Settlement Hearing?

    The Court held a Settlement Hearing on Tuesday, February 27, 2018, in Courtroom 1, 4th Floor of the Oakland Courthouse, 1301 Clay Street, Oakland CA, 94612.

    At the hearing the Honorable Yvonne Gonzalez Rogers considered whether the Settlement and the Plan of Allocation are fair, reasonable, and adequate. The Court decided to approve the Settlement and Class Counsel’s Request for Attorney’s Fees, Payment of Litigation Expenses, and Payment of Class Representatives’ expenses.

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  18. What happens if I do nothing at all?

    If you do nothing and you are a member of the Class, you will receive no money from this Settlement and you will be precluded from starting a lawsuit, continuing with a lawsuit, or being part of any other lawsuit against Defendants and the other Released Defendant Parties concerning the Released Claims.

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  19. Are there more details about the proposed Settlement?

    This website only summarizes the Settlement. The official terms of the Settlement are available in the Settlement Agreement, available here. You also can get more information by calling 1-844-855-8569, emailing info@AMDSecuritiesLitigation.com, or writing to Hatamian v. Advanced Micro Devices, Inc. P.O. Box 4349 Portland, OR 97208- 4349.

    Do not contact the court or the Defendant AMD for information regarding this Settlement.

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Important Dates

  • Class Period
    April 4, 2011 through October 18, 2012, inclusive
  • February 6, 2018
    Deadline to Exclude yourself from the Settlement Class
  • February 6, 2018
    Deadline to Opt Back into the Settlement Class
  • February 6, 2018
    Objection Deadline
  • February 13, 2018
    Deadline to Submit a Proof of Claim Form
  • February 27, 2018 at 2:00 p.m. PST
    Settlement Hearing