SECURITIES AND EXCHANGE COMMISSION SEC v. Lisa C. Herbst, Civil Action No. 99-00621 SI (N.D. Cal. 1999) Litigation Release No.16059 \ February 12, 1999 The Securities and Exchange Commission ("Commission") today filed an insider trading case alleging that an investor relations consultant obtained nonpublic information about three high- technology companies while performing services for them and used the information to trade in the clients’ securities before the information became public. The action was filed against Lisa C. Herbst ("Herbst") of Pleasanton, California. The Commission alleged that between 1995 and 1998 Herbst engaged in illegal insider trading in the securities of the following three Northern California high-technology companies: Adobe Systems, Inc., based in San Jose, California Asyst Technologies, Inc., based in Fremont, California Splash Technology Holdings, Inc., based in Sunnyvale, California In the complaint, filed on February 11, 1999, in the United States District Court for the Northern District of California, the Commission alleges that Herbst had been hired to assist these companies with the preparation and distribution of press releases, and that she traded before the announcements on which she worked were made public. In particular, the complaint alleges that on four occasions Herbst bought common stock before positive news announcements, and on one occasion she sold common stock before a negative news announcement. Herbst is the owner of Herbst Consulting of Pleasanton. Herbst cooperated with the Commission’s investigation and, without admitting or denying the Commission's allegations, consented to a permanent injunction prohibiting future violations of Section 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Herbst also agreed to pay a total of $32,799.67, including $15,791.50 in disgorgement of realized and unrealized profits and losses avoided, prejudgment interest of $1,216.67, and a civil penalty of $15,791.50. The Commission acknowledges the assistance of NASD Regulation, Inc., in this matter.