CALABASAS, Calif. and AUSTIN, Texas – At press time, Digital Insight and FundsXpress announced that they have reached an agreement on the lawsuit brought by FundsXpress against Digital Insight and certain individuals in March 2002, currently pending in the United States District Court in Austin, Texas. Among other things, the lawsuit alleged that FundsXpress' trade secrets were compromised by former FundsXpress employees who were hired by Digital Insight. The settlement agreement, terms of which were not disclosed, has been approved by the boards of both companies and resolves all outstanding legal issues raised in the lawsuit. According to the companies, "The settlement of the legal action allows Digital Insight and FundsXpress to focus on their respective business operations." Digital Insight has agreed to take a one-time charge, which will be reflected in its audited financial statements for the year ended December 31, 2002, included in the Annual Report on Form 10-K to be filed with the SEC later this month. Digital Insight's financial results for the fourth quarter and year ended December 31, 2002, as revised to reflect the litigation settlement, are summarized in the table here. The key stat is in its revised GAAP net loss went from $31.0 million prior to settlement, and $37.9 million reflecting settlement. Calls to both companies were unanswered at press time.
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