Published:
INVESTOR ALERT: KGS Announces Initial Filing of Securities Class Action Lawsuit Against BigBand Networks, Inc. - BBND
Kahn Gauthier Swick, LLC ("KGS") has filed
the first class action lawsuit against BigBand Networks, Inc. ("BigBand" or
the "Company") (NASDAQ: BBND) in the United States District Court for the
Northern District of California, on behalf of shareholders who purchased
the common stock of BigBand in connection with the Company's Initial Public
Offering ("IPO") on or about March 15, 2007, or who purchased shares
thereafter in the open market. No class has yet been certified in this
action.
UNLESS A CLASS IS CERTIFIED, YOU ARE NOT PERSONALLY REPRESENTED BY COUNSEL
UNLESS YOU RETAIN AN ATTORNEY.
BigBand, certain of its officers and directors, and the Company's
underwriters -- collectively, "defendants" -- are charged with including,
or allowing the inclusion of, materially false and misleading statements in
the Registration Statement and Prospectus issued in connection with the
IPO, in violation of the Securities Act of 1933.
The Complaint charges that BigBand raised over $159 million through the
sale of 10.7 million shares, despite the Registration Statement's false and
misleading statements issued in connection with the IPO. Specifically, the
Complaint charges defendants with failing to adequately conduct a due
diligence investigation into the Company prior to the IPO, and that they
failed to reveal BigBand was not performing according to plan, lacked
significant controls and procedures, and lacked any reasonable basis to
forecast near-term foreseeable financial and operational results.
The Complaint further alleges that defendants failed to reveal the
Company's results were already underperforming expectations at the time of
the IPO, and that they had boosted the financial results of the quarter
immediately prior to the offering by loading customers with unnecessary
inventory -- such that sales in future quarters would foreseeably be
adversely impacted as customers "worked off" excess inventory prior to
purchasing more of BigBand's products. Additionally, the Complaint asserts
that defendants failed to disclose that the roll out of its new products
was not proceeding according to its growth plan, and that this transition
too was adversely impacting revenues in the near-term.
On September 28, 2007, BigBand shares fell over 30% in a single trading day
-- falling from over $9.00 per share to below $6.00 per share, before
closing at $6.49 on exceptionally heavy trading volume of almost 7 million
shares. This precipitous decline occurred after the truth was revealed to
investors the previous evening that the problems existing at the time of
the IPO, and detailed in the Complaint, would result in extremely
disappointing results for the third quarter of 2007, including
substantially reduced revenues.
If you wish to serve as lead plaintiff in this class action lawsuit, you
must move the Court no later than December 3, 2007. Any member of the
purported class may move the Court to serve as lead plaintiff through
counsel of their choice, or may choose to do nothing and remain an absent
class member. If you would like to discuss your legal rights, you may
e-mail or call KGS Managing Partner Lewis Kahn, without obligation or cost
to you, toll free 1-866-467-1400, ext. 100, via cell phone 504-301-7900, or
by email at lewis.kahn@kgscounsel.com. To learn more about KGS, you may
visit http://www.kgscounsel.com. KGS focuses its practice on securities
class action litigation, and has been appointed lead counsel in numerous
federal securities class actions.
SPECIAL NOTICE: KGS reminds you to fully interview any other lawyer who
may issue a press release in this matter to assure that he or she
thoroughly understands the facts surrounding the substantive claims KGS has
filed in Court. It is critically important that interested parties
carefully evaluate any other firm that may be competing with KGS to
prosecute the BigBand class action. Critical components of a law firm's
ability to successfully prosecute this action and obtain a strong recovery
for you include its knowledge of applicable federal securities laws, the
resources it will dedicate to prosecution of the case (including the number
of lawyers the firm has available for the BigBand class action) AND
especially the quality of the firm's work.
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