SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15756 / May 26, 1998 Securities and Exchange Commission v. Herbert S. Lawson, 98 civ 3734 (TG) (S.D.N.Y) The United States Securities and Exchange Commission filed a complaint today in the U.S. District Court for the Southern District of New York alleging that Herbert S. Lawson engaged in illegal insider trading in the securities of Vivra, Inc., a major provider of dialysis services, before the public announcement in May 1997 that Incentive AB, a Swedish investment company, planned to make a tender offer for Vivra. The complaint alleges that Lawson was chief financial officer of the Colorado-based Gambro Healthcare, Inc., a dialysis-services company affiliated with Incentive. According to the complaint, in April 1997 Lawson learned, in the course of his employment, that Incentive intended to make a tender offer for Vivra. According to the complaint, Lawson purchased 6,000 shares of Vivra common stock at an average price of $25.49 while in possession of the material nonpublic information and in breach of a duty of trust and confidence owed to his employer. The complaint further alleges that, in an attempt to conceal his fraudulent purchases, Lawson purchased the stock in three different accounts all in the name of a friend who served as his nominee. The complaint alleges that after the tender offer was announced publicly on May 5, 1997, the market price of Vivra rose to $35.00 per share, giving Lawson illegal profits of $56,480.34. Without admitting or denying the substantive allegations in the complaint, Lawson consented to the entry of a judgment permanently enjoining him from violating Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3, and ordering him to disgorge $56,480.34 plus prejudgment interest of $4,351.69, and to pay a civil penalty of $56,480.34. ======END OF PAGE 1======