Judge Donald S. Goldman of the Superior Court of New Jersey dismissed Biovail's (NYSE: BVF) lawsuit against SAC Capital Advisors last week, saying that he lacked jurisdiction.

The lawsuit, originally filed in 2006, accuses SAC of colluding with analysts and other firms to produce misleading research designed to drive down the company's share price -- allowing the firm to profit from its large short position in the company's stock

Goldman wrote that he had not evaluated the merit of Biovail's claims, but did say that the company had failed to show that it was entitled to damages, even if its allegations were true. Another judge who had dismissed another Biovail-related lawsuit said that the company's history of securities fraud and run-ins with regulators gave the case a "tainted origin".

Investors who realize that skepticism and alternative viewpoints are healthy for markets could find no worse of a company than Biovail Corporation (NASDAQ: BVF).

Biovail decided it didn't like Bank of America analyst Jerry Treppel because he had the gall to downgrade the company's stock. The two parties ended up locked in litigation with Biovail claiming that Treppel had defamed then-chairman Eugene Melnyk. Treppel claimed that Biovail had tried to ruin his reputation.

Yesterday Biovail announced that it had settled all litigation with the former analyst. Of course, terms of the settlement were not disclosed but Biovail did add that they would not be material to the company's results.

Even without knowing the terms of the settlement, Mr. Treppel has certainly won the moral victory here. Back in March the company paid a $10 million fine as part of a settlement with the SEC related to accounting fraud. For an encore, the company pled guilty to involvement in a kickback and conspiracy scheme.

With this litigation out of the way, Biovail will be able to get back to what it does best: producing lackluster results that make shareholders wish they'd never heard of Biovail.

Analyst upgrades:

• Baird upgraded Regal-Beloit (NYSE: RBC) to Outperform from Neutral based on valuation and growth expectations.
• Black & Decker (NYSE: BDK) and Lennar (NYSE: LEN) were upgraded to Buy from Neutral at UBS based on valuation.
• Kroger (NYSE: KR) and Public Storage (NYSE: PSA) were added to Goldman's Conviction Buy List.
• CIBC upgraded Biovail (NYSE: BVF) to Sector Performer from Sector Underperformer.
• Abercrombie & Fitch (NYSE: ANF) was raised to Neutral from Underperform at Cowen.

Analyst downgrades:

• Merrill downgraded Campbell Soup (NYSE: CPB) to Neutral from Buy and expects marketing and promotional spending to limit earnings growth in 2009 and 2010. The firm lowered their target to $35 from $42.
• Mechel Steel (NYSE: MTL) was cut to Underweight from Equal Weight at Morgan Stanley to reflect declining coal demand.
  
• Friedman Billings downgraded shares of Legg Mason (NYSE: LM) to Underperform from Market Perform on liquidity concerns given the Legg Mason's leveraged balance sheet and falling EBITDA. The firm lowered their target to $7 from $11.

Biovail (NYSE: BVF), a poster child for accounting fraud and the "blame it on short sellers!" diversion strategy, has hired yet another chief financial officer, announcing that Peggy Mulligan will take over for interim finance chief Adrian A. De Saldanha, who had held the position since March.

In March, Biovail paid $10 million to the SEC to settle charges related to improper accounting and false and misleading statements. Former CFOs Brian Crombie and Kenneth G. Howling were implicated in that mess. So Ms. Mulligan has a tough act to follow: she'll have to produce results legally!

Shares of Biovail are trading near their lowest price of this millennium, understandable given that phony accounting and vast conspiracy theories are no longer there to prop up the stock price.

Biovail plans to spend more than $600 million on research and development over the next five years, in an effort to create real shareholder value.

Yesterday's announcement by Freddie Mac (NYSE: FRE) to cut but not eliminate its dividend payment got me wondering if there were other companies out there with absurdly high dividend yields that hadn't cut their payments. High-dividend yields are an old-fashioned way to look at companies and one that's fallen out of fashion as tech companies plowed their profits into research. But a 10% yield -- hey even a 7% yield -- is something we'd all be happy to find these days.

Traditionally, companies with high-dividend yields were those with low-growth potential, like utilities. Like Freddie, many of the current high-yield companies were created by a falling stock price. And like Freddie, they could always cut the dividend to keep the yield from getting out of whack. But, if they think the stock will rebound, maybe they won't cut it for fear the dividend cut would be yet another thing to drive off investors.

The highest yielding big company I found was Biovail (NYSE: BVF), Canada's biggest drug maker. The company was hit with an SEC complaint that key executives were lying about earnings. The company and the founder just settled a fight over the future direction of the company -- with the founder stepping aside. The stock, at about $10, has been cut in half in the last year. In May the company declared a quarterly dividend of 37.5 cents a share, which gives it a 15% yield at the current price.

With the former CEO of naked short selling conspiracy theory poster child Richard Altomare locked up, the group Gary Weiss calls the baloney brigade is badly in need of a new commander in crap.

Well it looks like they can forget about Biovail Corporation (NASDAQ: BVF). Fortune's Roddy Boyd reports that, a couple months after the company settled an SEC complaint for $10 million, "The big Canadian drug company agreed Friday to plead guilty to U.S. kickback and conspiracy charges ... Biovail and a New Jersey-based subsidiary will pay a $24.6 million fine to avoid a court case that could have cost them future business with federal agencies."

Gradient Analytics -- which had published negative research about Biovail and head cry baby Overstock.com, Inc. (NASDAQ: OSTK) and was subsequently sued by both companies -- appears to have been right on the money in its criticisms of Biovail.

Moral of story: when a company starts suing people and lashing out at its critics, sell the stock. That philosophy would have saved people a ton of money on Biovail.

MOST NOTEWORTHY: O'Reilly Automotive, Corning and Lincoln National were today's noteworthy downgrades:

• William Blair downgraded O'Reilly Automotive (NASDAQ: ORLY) to Market Perform from Outperform following weak Q1 results, citing the potential for further downward EPS revisions.
  
• Thomas Weisel downgraded Corning Inc. (NYSE: GLW) to Market Weight from Overweight citing balanced risk/reward given the backdrop of a maturing LCD penetration and generational upgrade cycle, and the challenging environment.
  
• Wachovia downgraded Lincoln National Corp. (NYSE: LNC) to Market Perform from Outperform as they believe the weak Q1 market weakness will impact profitability.

OTHER DOWNGRADES:

• Smith International (NYSE: SII) was cut to Perform from Outperform at Oppenheimer.
  
• Delphi Financial (NYSE: DFG) was downgraded at Friedman Billings to Market Perform from Outperform.
  
• CIBC downgraded Biovail (NYSE: BVF) to Sector Performer from Sector Outperformer.

Monday, April 21

• Mattel (NYSE:MAT) to report Q1 earnings; conference call at 8:30am.
• Halliburton (NYSE:HAL) reports Q1 earnings; conference call at 9:00am.
• Bank of America (NYSE:BAC) to report Q1 earnings; conference call at 9:30am.
• Toronto-Dominion (NYSE:TD) t o hold conference call about the acquisition of Commerce Bancorp (CBH) at 11:00am.

Tuesday, April 22

• Wyeth (NYSE:WYE) to report Q1 earnings; conference call at 8:00am.
• The Federal Reserve to host a meeting regarding the Countrywide Financial (NYSE:CFC) takeover by Bank of America at 9:30am.
• AT&T (NYSE:T) to report Q1 earnings; conference call at 10:00am.
• Lockheed Martin (NYSE:LMT) to report Q1 earnings; conference call at 11:00am.
• Yahoo (NASDAQ:YHOO) to report Q1 earnings; conference call at 5:00pm.

Wednesday, April 23

• Biovail (NYSE:BVF) PDUFA date for NDA of BVF-033 for the treatment of depression.
• UPS (NYSE:UPS) to report quarterly earnings; conference call at 8:30am.
• General Motors (NYSE:) to hold conference call on 1Q08 global sales at 9:00am.
• Delta (NYSE:DAL) to report Q1 earnings; conference call at 10:00am.
• Amazon.com (NASDAQ:AMZN) to report Q1 earnings; conference call at 5:00pm.

Thursday, April 24

• Hershey (NYSE:HSY) to report Q1 earnings; conference call at 8:30am.
• Microsoft (NASDAQ:MSFT) to report Q3 earnings; conference call at 5:30pm.

Friday, April 25

• Wendy's (NYSE:WEN) to report Q1 earnings; conference call at 9:00am.

Naked short selling whiner Biovail (NYSE: BVF) has settled accounting fraud charged with the SEC, agreeing to pay a fine of $10 million. According to the SEC's complaint:

The SEC's complaint alleges that present and former senior Biovail executives, obsessed with meeting quarterly and annual earnings guidance, repeatedly overstated earnings and hid losses in order to deceive investors and create the appearance of achieving earnings goals. When it ultimately became impossible to continue concealing the company's inability to meet its own earnings guidance, Biovail actively misled investors and analysts about the reasons for the company's poor performance.

The SEC adds that former chairman and chief executive officer Eugene Melnyk, former chief financial officer Brian Crombie, current controller John Miszuk; and current chief financial officer Kenneth G. Howling still face charges.

Biovail's allegations of a naked short selling conspiracy and menacing antics intimidated analysts, convincing Banc of America Securities, which had been negative about the company, to drop coverage of the stock. On his blog, financial journalist Gary Weiss writes that "Despite all the post-Enron rhetoric about the sanctity of independent analysts, the SEC has done woefully little against companies like Biovail and Overstock that want analysts to be obedient little puppies."

It seems like every few weeks, another naked short selling poster child is exposed as a securities fraud. Back in 2006, then-CEO Eugene Melnyk told 60 Minutes that "When you've got these companies, these people out there trying to bring you down, we're lucky we survived."

Moral of story: when a company starts complaining about naked short sellers conspiring to drive down the share price, sell the stock and ask questions after.

For 25 years, Steven Halpern, editor of TheStockAdvisors.com, has surveyed the leading financial newsletter advisors asking for their favorite stocks for the coming year. This article is one of 100+ ideas in the Best Stocks for 2008 report.

"My favorite speculative stock for 2008 is Toronto-based Biovail (NYSE: BVF)," says Nilus Mattive, editor of Dividend Superstars.

"The company makes branded and generic drugs that are delivered orally. It used to concentrate on research & development for other companies, but lately it's become more of a fully integrated pharmaceutical concern.

"Some of its products are marketed and sold by other companies -- a good example is its pain medication Ultram ER, which is marketed by Johnson & Johnson.

"Investors have punished Biovail because of development setbacks in BVF-033, one of the company's most promising compounds. The FDA issued a non-approval letter, and more recently said it would not be examining newly submitted data until April. Biovail is also dealing with intensifying generic competition in other product lines.

Monday October 1

* Beijing Med-Pharm Corporation (NASDAQ: BJGP) to hold a conference on the acquisition with Sunstone Pharma at 9am.

Tuesday October 2

* Ford Motor Company (NYSE: F) to report monthly sales at 1pm, General Motors Corporation (NYSE: GM) to report monthly sales at 2pm.
* PDUFA date for Biovail Corporation (NYSE: BVF)/Depomed Inc (NASDAQ: DEPO)/King Pharmaceutical Inc's (NYSE: KG) Glumetza for glycemic control in diabetic adults.

Wednesday October 3

* Threshold Pharmaceuticals (NASDAQ: THLD) to discuss Glufosfamide results from Phase III Clinical Trial at 4:30pm.

Thursday October 4

* Constellation Brands (NYSE: STZ) to report Q2 earnings; conference call at 10am.
* Lawson Software (NASDAQ: LWSN) to report Q1 earnings; conference call at 4:30pm.
* Research In Motion (NASDAQ: RIMM) to report Q2 earnings; conference call at 5pm.

Friday October 5

* PDUFA date for Bristol Myers Squibb's (NYSE: BMY) Abilify for the treatment of schizophrenia and manic episodes associated with Bipolar I Disorder.

MOST NOTEWORTHY: ConocoPhillips (COP), Transocean (RIG), LifePoint Hospitals (LPNT), EOG Resources (EOG) and Quicksilver Resources (KWK) were today's noteworthy downgrades:

• Banc of America cut ConocoPhillips (NYSE: COP) to Neutral from Buy on valuation and the lack of upstream catalysts.

• Deutsche Bank cut Transocean (NYSE: RIG) to Hold from Buy based on the GlobalSantaFe (GSF) merger.

• Raymond James downgraded LifePoint Hospitals (NASDAQ: LPNT) to Market Perform from Strong Buy following the company's cut in guidance. Merrill Lynch downgraded LifePoint Hospitals to Neutral from Buy.

• Citigroup downgraded EOG Resources (NYSE: EOG) and Quicksilver Resources (NYSE: KWK) to Sell from Hold as both trade above the sector averages for NAV and cash flow and neither is well protected in the likely event commodity prices deteriorate...

OTHER DOWNGRADES:

• BMO Capital downgraded Biovail (NYSE: BVF) to Market Perform from Outperform.

• Brean Murray cut Spectrum Pharmaceuticals (NASDAQ: SPPI) to Sell from Buy.

• Wedbush downgraded Cosi Inc (NASDAQ: COSI) to Hold from Buy.

• RBC Capital downgraded Ventana Medical (NASDAQ: VMSI) to Sector Perform from Outperform.

Analyst summaries provided by TheFlyOnTheWall.com (subscription required).