Published: February 08, 2007
Shareholder Class Action Filed Against Powerwave Technologies, Inc. by the Law Firm of Schiffrin Barroway Topaz & Kessler, LLP
The following statement was issued today by the
law firm of Schiffrin Barroway Topaz & Kessler, LLP:
Notice is hereby given that a class action lawsuit was filed in the United
States District Court for the Central District of California, on behalf of
all common stock purchasers of Powerwave Technologies, Inc.
(NASDAQ: PWAV) ("Powerwave" or the "Company") from May 2, 2005 through
October 9, 2006, inclusive (the "Class Period").
If you wish to discuss this action or have any questions concerning this
notice or your rights or interests with respect to these matters, please
contact Schiffrin Barroway Topaz & Kessler, LLP (Darren J. Check, Esq. or
Richard A. Maniskas, Esq.) toll free at 1-888-299-7706 or 1-610-667-7706,
or via e-mail at info@sbtklaw.com.
The complaint charges Powerwave and certain of its officers and directors
with violations of the Securities Exchange Act of 1934. More specifically,
the Complaint alleges that the Company failed to disclose and
misrepresented the following material adverse facts which were known to
defendants or recklessly disregarded by them: (1) that Powerwave was
materially overstating its financial results, specifically by improperly
recognizing revenue; (2) that the Company was materially overstating its
profitability by underreporting foreseeable expenses, and failing to make
proper, timely adjustments; (3) that Powerwave's financial statements were
not prepared in accordance with GAAP; (4) that the Company lacked adequate
internal operational or financial controls; (5) that, as a result of the
foregoing, the Company's statements about its financial well-being and
future business prospects were lacking in any reasonable basis when made;
and (6) that, as a result of the foregoing, the Company's financial
statements were materially false and misleading at all relevant times.
On October 9, 2006, prior to the market opening for that day, Powerwave
shocked investors when it announced, in striking contrast to the Company's
prior announcements, the Company was drastically slashing its financial
guidance for the Third Quarter of fiscal year 2006.
On the release of this shocking news, shares of the Company's stock
declined $1.38, or 17.6 percent, to close on October 9, 2006 at $6.42 per
share, on unusually heavy trading volume.
Plaintiff seeks to recover damages on behalf of class members and is
represented by the law firm of Schiffrin Barroway Topaz & Kessler which
prosecutes class actions in both state and federal courts throughout the
country. Schiffrin Barroway Topaz & Kessler is a driving force behind
corporate governance reform, and has recovered billions of dollars on
behalf of institutional and individual investors from the United States and
around the world.
For more information about Schiffrin Barroway Topaz & Kessler or to sign up
to participate in this action online, please visit http://www.sbtklaw.com
If you are a member of the class described above, you may, not later than
April 2, 2007, move the Court to serve as lead plaintiff of the class, if
you so choose. A lead plaintiff is a representative party that acts on
behalf of other class members in directing the litigation. In order to be
appointed lead plaintiff, the Court must determine that the class member's
claim is typical of the claims of other class members, and that the class
member will adequately represent the class. Under certain circumstances,
one or more class members may together serve as "lead plaintiff." Your
ability to share in any recovery is not, however, affected by the decision
whether or not to serve as a lead plaintiff. You may retain Schiffrin
Barroway Topaz & Kessler or other counsel of your choice, to serve as your
counsel in this action.
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