Wolf Haldenstein Adler Freeman and Herz LLP Commences Class Action Lawsuit on Behalf of KVH Industries, Inc. Shareholders
17 August 2004 - 9:01AM
PR Newswire (US)
Wolf Haldenstein Adler Freeman and Herz LLP Commences Class Action
Lawsuit on Behalf of KVH Industries, Inc. Shareholders NEW YORK,
Aug. 16 /PRNewswire/ -- Wolf Haldenstein Adler Freeman & Herz
LLP filed a class action lawsuit in the United States District
Court for the District of Rhode Island, on behalf of all persons
who purchased or otherwise acquired the securities of KVH
Industries, Inc. ("KVH" or the "Company") (NASDAQ:KVHI) between
October 1, 2003 and July 2, 2004, inclusive, (the "Class Period")
against defendants KHV and certain officers and directors of the
Company. The case name is Horner v. KVH Industries, Inc., et al. A
copy of the complaint filed in this action is available from the
Court, or can be viewed on the Wolf Haldenstein Adler Freeman &
Herz LLP website at http://www.whafh.com/cases/kvh.htm . The
complaint alleges that defendants violated the federal securities
laws by issuing materially false and misleading statements
throughout the Class Period that had the effect of artificially
inflating the market price of the Company's securities. The
complaint further alleges that the statements defendants made
during the Class Period were materially false and misleading when
made because they failed to disclose or indicate the following: (a)
the Company had artificially inflated its third and fourth quarter
earnings by stuffing distribution and inventory channels with
overpriced TracVision A5 systems. Consequently, the Company was
forced to reduce the TracVision A5's retail price and, effectively,
refund millions of dollars in purported sales revenues to its
retail dealers in the form of "vendor purchase commitment charges"
in order to promote sell-through of TracVision retail channel
inventory; (b) the Company had not achieved any material cost
reduction in the manufacturing of the TracVision A5 and would be
forced to write-down its inventory of manufactured goods by
millions of dollars; (c) KVH's retail marketing and sales programs
purportedly aimed at the sell-through market for the TracVision A5
were ineffective because the A5 was overpriced, causing the company
to incur extra expenses and increased losses as inventories of
unsold TracVision systems continued to grow through the Class
Period which would have to be written down; (d) at the suggested
retail price of $3,495, the TracVision A5 was priced too high for
its intended market and, therefore, there was no reasonable basis
for defendants' projected annual sales of 9,000 to 10,000 units;
(e) TracVision production and other related costs were so high that
any price reduction would reduce margins to the extent that the
product could not be sold profitably; (f) the cost reduction
program was flawed and defendants were not able to control
production and marketing costs; (g) as a result of the above, the
defendants' opinions, projections, and forecasts concerning the
Company and its ability to successfully market the TracVision A5
lacked any reasonable basis when made. If you purchased or
otherwise acquired KVH securities during the Class Period, you may
request that the Court appoint you as lead plaintiff by September
20, 2004. 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 Wolf Haldenstein, or
other counsel of your choice, to serve as your counsel in this
action. Wolf Haldenstein has extensive experience in the
prosecution of securities class actions and derivative litigation
in state and federal trial and appellate courts across the country.
The firm has approximately 60 attorneys in various practice areas;
and offices in Chicago, New York City, San Diego, and West Palm
Beach. The reputation and expertise of this firm in shareholder and
other class litigation has been repeatedly recognized by the
courts, which have appointed it to major positions in complex
securities multi-district and consolidated litigation. If you wish
to discuss this action or have any questions, please contact Wolf
Haldenstein Adler Freeman & Herz LLP at 270 Madison Avenue, New
York, New York 10016, by telephone at (800) 575-0735 (Fred Taylor
Isquith, Esq., Gregory M. Nespole, Esq., Christopher S. Hinton,
Esq., George Peters or Derek Behnke), via e-mail at or visit our
website at http://www.whafh.com/ . All e-mail correspondence should
make reference to KVH. DATASOURCE: Wolf Haldenstein Adler Freeman
& Herz LLP CONTACT: Fred Taylor Isquith, Esq., or Gregory M.
Nespole, Esq., or George Peters, or Derek Behnke, all of Wolf
Haldenstein Adler Freeman & Herz LLP, 1-800-575-0735, Web site:
http://www.whafh.com/ http://www.whafh.com/cases/kvh.htm
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