==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 15337 / April 17, 1997 SECURITIES AND EXCHANGE COMMISSION v. DAVID E. LIPSON, Civil Action No. 97 C. 2661 (N.D. Ill.) (filed April 17, 1997) On April 17, 1997, the Commission filed a complaint in the United States District Court for the Northern District of Illinois against David E. Lipson, for insider trading in the securities of Supercuts, Inc. ("Supercuts"), formerly a NASDAQ- listed company located in San Francisco, California. The complaint alleges that, in March and April 1995, Lipson, who was then Supercuts' chairman, chief executive officer and largest shareholder, sold 365,000 shares of Supercuts common stock at prices between $9.50 and $9.3125 in an account that he controlled in his son's name. At the time of his sales, the complaint alleges, Lipson possessed material nonpublic information about Supercuts' disappointing financial performance during the quarter ended March 31, 1995. After the company announced its quarterly results on May 12, 1995, the price of the company's common stock fell from $9.00 to $7.625 per share. By selling Supercuts common stock while in possession of material nonpublic information, the complaint alleges, Lipson breached duties he owed to Supercuts' shareholders and avoided losses of approximately $621,875. The complaint alleges that Lipson's trading violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder. The complaint also alleges that Lipson failed to file required reports of his changes in beneficial ownership in violation of Section 16(a) of the Exchange Act and Rules 16a-2 and 16a-3 thereunder. The Commission seeks a permanent injunction, disgorgement of Lipson's trading losses avoided, prejudgment interest and civil penalties.