Robbins Geller Rudman & Dowd LLP Files Class Action Suit against Executives of A123 Systems, Inc.
28 September 2013 - 5:33AM
Business Wire
Robbins Geller Rudman & Dowd LLP (“Robbins Geller”)
(http://www.rgrdlaw.com/cases/a123/) today announced that a class
action has been commenced in the United States District Court for
the Southern District of New York on behalf of purchasers of A123
Systems, Inc. (“A123” ) (NASDAQ:AONE) securities during the period
between February 28, 2011 and October 16, 2012 (the “Class
Period”).
If you wish to serve as lead plaintiff, you must move the Court
no later than 60 days from today. If you wish to discuss this
action or have any questions concerning this notice or your rights
or interests, please contact plaintiff’s counsel, Samuel H. Rudman
or David A. Rosenfeld of Robbins Geller at 800/449-4900 or
619/231-1058, or via e-mail at djr@rgrdlaw.com. If you are a member
of this class, you can view a copy of the complaint as filed or
join this class action online at
http://www.rgrdlaw.com/cases/a123/. Any member of the putative
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.
The complaint charges certain officers and directors of the
former A123, which filed for protection under the federal
bankruptcy statutes in October 2012, with violations of the
Securities Exchange Act of 1934. A123 designed, developed,
manufactured, and sold advanced rechargeable lithium-ion batteries
and battery systems. Its largest customer was Fisker Automotive,
Inc. (“Fisker”), which, like A123, received hundreds of millions of
dollars in U.S. Department of Energy (“DOE”) funding to design and
mass produce plug-in electric vehicles.
The complaint alleges that, during the Class Period, defendants
issued materially false and misleading statements regarding the
Company’s financial performance and future prospects, including
failing to disclose that: (i) by February 2011, Fisker was in
default on production milestones in its DOE funding agreement,
threatening Fisker’s DOE funding and ability to pay A123; (ii) by
June 2011, the DOE had cut off disbursements to Fisker; (iii) by
the fall of 2011, Fisker had run out of cash and was refusing to
accepting batteries from A123; (iv) A123’s $20.5 million investment
in Fisker’s preferred stock was materially impaired; (v) the
carrying value of A123’s long-term grant receivable was overstated;
(vi) the carrying value of accounts receivable due A123 from Fisker
was overstated; and (vii) as a result, A123 was not on track to
achieve the financial results the market had been led to expect
during the Class Period.
As the market learned between November 2011 and October 16, 2012
that Fisker was rejecting prior orders for batteries, that A123 was
downgrading earnings guidance and taking an impairment charge on
its Fisker investment, that the Company’s forecast of incurring
significant net losses and negative operating cash flows had raised
substantial doubt regarding the Company’s ability to continue as a
going concern, and finally that A123 had filed for bankruptcy, the
price of its stock declined from a Class Period high of $9.48 per
share on February 28, 2011 to pennies per share.
Plaintiff seeks to recover damages on behalf of all purchasers
of A123 securities during the Class Period (the “Class”). The
plaintiff is represented by Robbins Geller, which has expertise in
prosecuting investor class actions and extensive experience in
actions involving financial fraud.
Robbins Geller represents U.S. and international institutional
investors in contingency-based securities and corporate litigation.
With nearly 200 lawyers in nine offices, the firm represents
hundreds of public and multi-employer pension funds with combined
assets under management in excess of $2 trillion. The firm has
obtained many of the largest recoveries and has been ranked number
one in the number of shareholder class action recoveries in MSCI’s
Top SCAS 50 every year since 2003. Please visit
http://www.rgrdlaw.com for more information.
Robbins Geller Rudman & Dowd LLPSamuel H. Rudman,
800-449-4900David A. Rosenfelddjr@rgrdlaw.com
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