Levi & Korsinsky, LLP Investigates Possible Breach of Fiduciary Duty by the Board of NBTY, Inc. - NTY

Levi & Korsinsky, LLP Investigates Possible Breach of Fiduciary Duty by the Board of NBTY, Inc. - NTY
New York, NY, July 15, 2010 --(PR.com)-- Levi & Korsinsky is investigating the Board of Directors of NBTY, Inc. ("NBTY" or the "Company") (NYSE: NTY) for possible breaches of fiduciary duty and other violations of state law in connection with their attempt to sell the Company to The Carlyle Group ("Carlyle"). Under the terms of the transaction, NBTY shareholders will receive $55.00 in cash for each NBTY share of common stock they own for a total transaction value of approximately $3.8 billion.

For the quarter ending March 31, 2010, NBTY reported total revenue of $705.160 million and net income of $46.656 million as compared to total revenue and net income of $595.553 million and $23.070 million, respectively, for the same quarter in the prior year. The investigation concerns whether the NBTY Board of Directors breached their fiduciary duties to NBTY stockholders by failing to adequately shop the Company before entering into this transaction and whether Carlyle is underpaying for NBTY shares, thus unlawfully harming NBTY stockholders. In particular, the offer price is only a small premium over the $51.00 price the Company's shares traded at as recently as April 15, 2010.

If you own common stock in NBTY and wish to obtain additional information, please contact Joseph E. Levi, Esq. either via email at jlevi@zlk.com or by telephone at (212) 363-7500 or visit http://www.zlk.com/nbty-nty.html.

Levi & Korsinsky has expertise in prosecuting investor securities litigation and extensive experience in actions involving financial fraud and represents investors throughout the nation, concentrating its practice in securities and shareholder litigation.

Contact:
Levi & Korsinsky, LLP
Joseph Levi, Esq.
Eduard Korsinsky, Esq.
30 Broad Street - 15th Floor
New York, NY 10004
Tel: (212) 363-7500
Fax: (212) 363-7171
www.zlk.com

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Contact
Levi & Korsinsky, LLP
Jared Morine
212-363-7500
www.zlk.com
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