Chitwood & Harley LLP Files Securities Class Action Lawsuit on Behalf of Purchasers of Securities of EMCOR Group, Inc. - 'EME' - between April 9, 2003 and October 2, 2003.Business Editors ATLANTA--(BUSINESS WIRE)--April 12, 2004 Chitwood & Harley announces that it has filed a class action lawsuit class action lawsuit A lawsuit in which one party or a limited number of parties sue on behalf of a larger group to which the parties belong. For example, investors may bring a class action lawsuit against a brokerage firm that has actively promoted a tax on behalf of purchasers of securities of EMCOR Group EMCOR Group NYSE: EME is a Fortune 500 company based in Norwalk, Connecticut. This company's businesses include mechanical and electrical construction, energy infrastructure, and facilities services. , Inc. ("EMCOR" or the "Company") (NYSE NYSE See: New York Stock Exchange :EME n. 1. An uncle. ) between and including April 9, 2003 and October 2, 2003 (the "Class Period"). The class action lawsuit is pending in the United States District Court for the District of Connecticut The United States District Court for the District of Connecticut is the Federal district court whose jurisdiction is the state of Connecticut. The court has offices in Bridgeport, Hartford and New Haven. and, in addition to EMCOR, names the following officers of the Company as Defendants: Frank MacInnis, Leicle Chesser and Mark Pompa. A copy of the complaint is available from the Court, or can be viewed on our website at www.classlaw.com. The Complaint alleges that, during the Class Period, Defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b- 5 promulgated prom·ul·gate tr.v. prom·ul·gat·ed, prom·ul·gat·ing, prom·ul·gates 1. To make known (a decree, for example) by public declaration; announce officially. See Synonyms at announce. 2. thereunder, by issuing a series of false and misleading statements regarding the financial condition of EMCOR and the Company's ability to earn profits in 2003. The Complaint specifically alleges that, throughout the Class Period, Defendants concealed from investors that, as a result of a fundamental shift in EMCOR's business to less profitable public sector and quasi-public sector construction, as well as facilities management The management of a user's computer installation by an outside organization. All operations including systems, programming and the datacenter can be performed by the facilities management organization on the user's premises. , the Company would not be able to meet its earnings projections for 2003 absent a significant and expeditious ex·pe·di·tious adj. Acting or done with speed and efficiency. See Synonyms at fast1. ex increase in private sector construction revenues in the form of smaller, short-term projects generating revenues of less than $250,000, which EMCOR is heavily dependent upon to earn profits, and an immediate accretion to its contract backlog in the form of larger, more profitable private sector construction projects. Throughout the Class Period, the Complaint alleges, Defendants knew that EMCOR had no reasonable expectation of obtaining such an increase in private sector business but, nevertheless, continued to assure the investing public of its ability to earn significant profits in 2003. On July 24, 2003, Defendants were forced to admit that, for the second quarter of 2003, although EMCOR had met its revenue expectations, it had performed abysmally in terms of earnings and that full-year 2003 results would fall short of expectations. In response to this news, the price of the Company's common stock fell more than 17% in value on unusually high trading volume Trading volume The number of shares transacted every day. As there is a seller for every buyer, one can think of the trading volume as half of the number of shares transacted. That is, if A sells 100 shares to B, the volume is 100 shares. . Nevertheless, the Complaint pleads, Defendants continued to offer materially false information to the investing public regarding EMCOR's ability to earn profits in 2003 and sought to diminish the importance of its poor earnings performance by attributing that poor performance to exceptional circumstances that would not be recurring in nature. On October 2, 2003, Defendants again shocked the market by slashing its earnings guidance for 2003 by approximately 50% of the previously reduced earnings guidance provided on July 24, 2003. The market reacted swiftly to this devastating dev·as·tate tr.v. dev·as·tat·ed, dev·as·tat·ing, dev·as·tates 1. To lay waste; destroy. 2. To overwhelm; confound; stun: was devastated by the rude remark. news -- with shares of EMCOR falling another 20% in value on unusually high trading volume. In a conference call on October 3, 2003, Defendants were forced to admit that their prior earnings guidance had been predicated upon a hope for improved private sector construction spending Construction Spending An economic indicator that measures the amount of spending towards new construction. Released monthly by the U.S. Department of Commerce's Census Bureau, it looks at residential and non-residential construction in the private sector, and state and federal at -- even though Defendants previously had assured the market during the Class Period that their earnings guidance was not based upon any such assumptions. If you purchased EMCOR securities during the Class Period, you may request that the Court appoint you as lead plaintiff by June 4, 2004. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. . There are certain legal requirements to serve as lead plaintiff, which we would be happy to discuss with you. Any member of the purported class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to remain an absent class member. If you wish to discuss this action or have any questions concerning this notice or your rights with respect to this matter, you may contact Nichole T. Browning at 1-888-873-3999, ext. 4873 (toll-free) or by e-mail at ntb@classlaw.com. You may also contact us through our website, www.classlaw.com, by clicking on "EMCOR." Chitwood & Harley LLP LLP - Lower Layer Protocol is a class action firm that concentrates its practice in representing victims of securities fraud and corporate mismanagement mis·man·age tr.v. mis·man·aged, mis·man·ag·ing, mis·man·ag·es To manage badly or carelessly. mis·man age·ment n. , as well as other complex litigation. Chitwood &
Harley has been appointed lead counsel in major actions throughout the
United States and has been instrumental in recovering billions of
dollars on behalf of its clients. Clients and courts alike have praised
the results achieved by Chitwood & Harley. Recently, the federal
judge in In re BankAmerica Securities Litigation, which resulted in the
highest recovery last year in a securities class action, commented
favorably on counsel's performance stating: "Class members
were well served by experienced attorneys who, through considerable time
and effort, obtained a significant recovery for their clients,"
and, "(a)s the Court has remarked throughout this litigation, class
counsel ... have performed at exceptionally high levels, and all parties
have been exceedingly well represented."
For more information about Chitwood & Harley, please visit our website at www.classlaw.com or contact Nichole T. Browning at 1-888-873-3999, ext. 4873 (toll-free), by e-mail at ntb@classlaw.com or at 1230 Peachtree Street, Suite 2300, Atlanta, Georgia 30309. |
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