Milberg Weiss Files Class Action Suit Against NorthWestern Corporation.Business Editors/Financial Analysts SAN DIEGO--(BUSINESS WIRE)--April 21, 2003 Milberg Weiss Founded in 1965 by attorneys Larry Milberg and Melvyn I. Weiss, Milberg Weiss (formerly known as Milberg Weiss & Bershad LLP) is a U.S. plaintiffs' law firm. Based in New York City, it is widely known for representing investors in securities class actions. (http://www.milberg.com/cases/northwestern/) today announced that a class action has been commenced on behalf of an institutional investor Institutional Investor A non-bank person or organization that trades securities in large enough share quantities or dollar amounts that they qualify for preferential treatment and lower commissions. in the United States District Court for the District of South Dakota The United States District Court for the District of South Dakota is the United States District Court or the Federal district court, whose jurisdiction for issues pertaining to federal law or diversity for the state of South Dakota. The court is based in Sioux Falls, South Dakota. on behalf of purchasers of NorthWestern Corporation Northwestern Corporation is a bulk vending machine company in Morris, Illinois. It was founded in 1909 by Emerson A. Bolen as Northwestern Novelty Company. The 60, Northwestern's bulk vender, began being marketed in 1960. ("NorthWestern") (NYSE NYSE See: New York Stock Exchange :NOR) publicly traded securities during the period between February 7, 2002 and March 31, 2003 (the "Class Period"). If you wish to serve as lead plaintiff, you must move the Court no later than May 23, 2003. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiffs' counsel, William Lerach William Shannon Lerach (Bill Lerach) (b. 1946, Ohio River Valley,[1] Midwestern United States) is an American lawyer who specialized in class action lawsuits. He has been a major financial donor to Democratic Party organizations at the state and national level. or Darren Robbins of Milberg Weiss at 800/449-4900 or via e-mail at wsl@milberg.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.milberg.com/cases/northwestern/. 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. The complaint charges NorthWestern and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Throughout the Class Period, defendants issued a series of materially false and misleading statements concerning the financial and operational condition of the Company. In fact, throughout the Class Period, while many of the Company's competitors were announcing revised guidance, NorthWestern consistently stated that the Company's proprietary business model was allowing NorthWestern to continue to achieve "improved performance" and earnings of between $2.30 to $2.55 per share by the end of 2002. Both prior to and throughout the Class Period, management of the Company consistently represented that its subsidiaries, including Expanets and Blue Dot, were achieving and would continue to achieve these results. In fact, however, investors would ultimately learn at the close of the Class Period, which defendants had managed to conceal throughout the Class Period, that: (i) The Company's non-utility subsidiaries were not performing according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. plan, with at least 20% of Blue Dot's locations performing so poorly that they would be sold or closed within the foreseeable future, and with Expanets running its reserves about $66 million short of its rapidly escalating delinquencies; (ii) defendants had artificially inflated the Company's balance sheet as well as its reported earnings and EPS (Encapsulated PostScript) A PostScript file format used to transfer a graphic image between applications and platforms. EPS files contain PostScript code as well as an optional preview image in TIFF, WMF, PICT or EPSI, the latter being an ASCII-only format. figures, by failing to write down the impairment of, and take necessary reserves for, its failing Blue Dot and Expanets businesses, which impairments and reserve adjustments ultimately resulted in a massive $880 million charge; (iii) through a complicated scheme of questionable accounting and subsidiaries owned partially by senior management, losses at both Blue Dot and Expanets were subverted and reallocated to owners of minority interests or shareholders in the Company's subsidiary, which allowed the Company to keep these losses off its balance sheet, and to artificially inflate earnings and income and mask the poor performance of NorthWestern throughout the Class Period; and (iv) defendants had materially misstated the conditions of both Blue Dot and Expanets, which were not poised for nor experiencing "long-term growth" nor "value creation," but were rather in poor financial and operational condition, with at least 20% of Blue Dot's locations terminal and with an unknown amount of other locations also in poor condition, and with almost $302 million in charges and reserves required to be taken by Expanets, in addition to an approximate $289 million charge required for Blue Dot. As a result of the foregoing, at no time during the Class Period did defendants have a good faith basis to project earnings anywhere near $2.55 per share for fiscal year 2002. Plaintiffs seek to recover damages on behalf of all purchasers of NorthWestern publicly traded securities during the Class Period (the "Class"). The plaintiffs are represented by Milberg Weiss Bershad Hynes & Lerach LLP LLP - Lower Layer Protocol , who has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud. Milberg Weiss Bershad Hynes & Lerach LLP, a 190-lawyer firm with offices in New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of , San Diego San Diego (săn dēā`gō), city (1990 pop. 1,110,549), seat of San Diego co., S Calif., on San Diego Bay; inc. 1850. San Diego includes the unincorporated communities of La Jolla and Spring Valley. Coronado is across the bay. , San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden , Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. , Boca Raton, Seattle and Philadelphia, is active in major litigations pending in federal and state courts throughout the United States. Milberg Weiss has taken a leading role in many important actions on behalf of defrauded investors, consumers, and companies, as well as victims of World War II and other human rights violations, and has been responsible for more than $30 billion in aggregate recoveries. The Milberg Weiss website (http://www.milberg.com) has more information about the firm. |
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