Yourman Alexander & Parekh LLP Announces Class Action Lawsuit Against Powerwave Technologies, Inc.
Market Wire, February, 2007
Yourman Alexander & Parekh LLP, a law firm with extensive experience in prosecuting claims for securities and consumer fraud, announces that lawsuits seeking class action status have been filed on behalf of shareholders who purchased or otherwise acquired the securities of Powerwave Technologies, Inc. ("Powerwave" or the "Company") (NASDAQ: PWAV) during the period May 2, 2005 through October 9, 2006, inclusive (the "Class Period"). The lawsuits are pending in the United States District Court for the Central District of California, Southern Division.
Since a class has not yet been certified, you may not be represented by an attorney in this matter. If you purchased or acquired Powerwave securities during the Class Period and either continue to hold those securities or sold them at a loss, the deadline to move for appointment as Lead Plaintiff is April 2, 2007. A Lead Plaintiff is the person or entity that the Court appoints to take a leadership role in prosecuting the case and to represent the interests of other similarly injured class members. The Court is required to consider the persons or entities with the largest financial losses, who express an interest in taking a leadership role in the litigation, for appointment as Lead Plaintiff. However, in order to serve as Lead Plaintiff, you must meet certain legal requirements and must formally apply to the Court to be considered for such an appointment. While your ability to share in any recovery is not affected by your decision of whether or not to seek appointment as a Lead Plaintiff, the Lead Plaintiff is responsible for making important decisions which could affect the overall recovery for class members, including decisions concerning settlement. Further, under 15 U.S.C. '78u-4(a)(4) and/or 15 U.S.C. '77z-1(a)(4), in the event that the case is successfully resolved, the Court may award a Lead Plaintiff compensation for time spent directly related to the representation of the class.
The lawsuits allege, in part, that the Company and certain of its officers and directors violated federal securities laws by issuing statements, concerning the Company's financial performance and future prospects, that were materially false and misleading when made. It is further alleged that Powerwave materially misrepresented and failed to disclose various conditions that adversely affected the Company which allowed Powerwave to: (1) deceive shareholders concerning its business, operations, and management; (2) artificially inflate the price of Powerwave shares; (3) register for sale with the SEC millions of shares of stock that were sold to the public or used to acquire assets of unwitting companies; and (4) make it possible for Company insiders to sell millions of dollars of their privately held shares while in possession of material adverse information unavailable to the public. On October 9, 2006, Powerwave announced that its 2006 third quarter results would be $155 million, which was significantly lower than the $230-$250 million previously forecasted. As a result, shares of Powerwave declined almost 20% in a single trading day, marking a decline of almost $10 per share from the Class Period high, following this announcement.
If you: (i) wish to discuss these lawsuits, have information concerning these cases, or acquired shares through your Powerwave retirement account or 401K; (ii) have questions concerning this Notice or your rights or interests with respect to this litigation; or (iii) have any other potential matters that you would care to discuss, please contact Vahn Alexander or Behram Parekh of Yourman Alexander & Parekh LLP, 3601 Aviation Blvd., Suite 3000, Manhattan Beach, California 90266 by telephone, toll-free at (800) 725-6020, or by email to parekhb@yaplaw.com . There will be no obligation or cost to you concerning your inquiry. For more information about the firm or cases currently being investigated or prosecuted by the firm, please visit www.yaplaw.com .
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