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FARO FARO Technologies Inc

18.08
0.74 (4.27%)
Last Updated: 19:33:44
Delayed by 15 minutes
Share Name Share Symbol Market Type
FARO Technologies Inc NASDAQ:FARO NASDAQ Common Stock
  Price Change % Change Share Price Bid Price Offer Price High Price Low Price Open Price Shares Traded Last Trade
  0.74 4.27% 18.08 18.04 18.09 18.08 17.60 17.60 132,453 19:33:44

Cohen, Milstein, Hausfeld & Toll, P.L.L.C. Announces Class Action Lawsuit on Behalf of Investors of Faro Technologies

10/01/2006 7:32pm

Business Wire


FARO Technologies (NASDAQ:FARO)
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The law firm of Cohen, Milstein, Hausfeld & Toll, P.L.L.C. has filed a lawsuit on behalf of its client and on behalf of purchasers of the securities of Faro Technologies, Inc. (Nasdaq:FARO) ("Faro" or the "Company") between May 6, 2004, and November 3, 2005, inclusive (the "Class Period"), in the United States District Court for the Middle District of Florida. The Complaint charges Faro and certain executive officers of Faro with violations of federal securities laws. FARO and its subsidiaries develop, manufacture, market and support software-based three-dimensional measurement devices for manufacturing, industrial, building construction and forensic applications. The complaint charges FARO and Simon Raab (Chief Executive Officer and Chairman), Gregory A. Fraser (Executive Vice President, Secretary, Treasurer and a director), and Barbara R. Smith (Chief Financial Officer) with violations of the Securities Exchange Act of 1934, and alleges that throughout the Class Period, these defendants directly participated in accounting fraud which materially misrepresented the Company's financial results in violation of Generally Accepted Accounting Principles ("GAAP"). More specifically, the Complaint alleges that at or about the beginning of the Class Period, the defendants represented that the Company had implemented practices that purportedly increased the Company's production capacity by, among other improvements, eliminating overproduction, wait time, inefficient processes, and product defects. During the Class Period, defendants issued strong results and positive guidance which they attributed in material part to the Company's purported implementation of adequate controls and more efficient practices. The Complaint alleges that defendants' Class Period representations regarding the Company's financial performance and prospects were materially false and misleading when made because the Company's internal inventory and accounting controls and procedures were wholly defective and inadequate during the Class Period. The truth began to emerge on July 18, 2005. On that day, the Company issued a press release revealing that it had a backlog of unfilled customer orders that had grown significantly in the second quarter of 2005 and that, as a result, the Company significantly lowered its earnings guidance for that quarter. Further, on November 3, 2005, after the market closed, the Company announced that it had incurred $1.6 million in "inventory costing and consumption variances" related to the implementation of a new accounting and inventory management system. Defendant Simon Raab later admitted that the Company had not been able to keep up with customer orders which resulted in "substantially more complex inventory management situations, and ... substantial inventory increases." In reaction to this news, the price of FARO stock plummeted $4.39, or 19.6%, from its closing price of $22.38 on November 3, 2005, to finally close on November 4, 2005, at $17.99, on unusually heavy trading volume. The Complaint also alleges that during the Class Period, before the truth was revealed to investors, defendants sold or caused to be sold more than 1.48 million of their own shares of Faro stock, for net proceeds of approximately $40.9 million, including through the use of highly complicated forward sales transactions that allowed defendants to both realize immediate profits and avoid current tax liabilities. If you purchased or acquired Faro stock during the Class Period, you may, no later than February 6, 2006, move the court to be appointed as Lead Plaintiff. There are certain legal requirements to serve as Lead Plaintiff. 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. Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as Lead Plaintiff. To be a member of the class, you need not take any action at this time. Cohen, Milstein, Hausfeld & Toll, P.L.L.C. has significant experience in prosecuting investor class actions and actions involving securities fraud. The firm has offices in Washington, D.C., New York and Chicago, and is active in major litigation pending in federal and state courts throughout the nation. You may visit the firm's website at www.cmht.com. The firm's reputation for excellence has been recognized on repeated occasions by courts which have appointed the firm to lead positions in complex multi-district or consolidated litigation. Cohen, Milstein, Hausfeld & Toll, P.L.L.C. has taken a lead role in numerous important cases on behalf of defrauded investors, and has been responsible for a number of outstanding recoveries which, in the aggregate, total in the billions of dollars. If you have any questions about this notice or the action, or with regard to your rights, please contact either of the following: -0- *T Cohen, Milstein, Hausfeld & Toll, P.L.L.C. Steven J. Toll, Esq. Audrey Braccio 1100 New York Avenue, N.W. West Tower - Suite 500 Washington, D.C. 20005 Telephone: 888-240-0775 or 202-408-4600 E-mail: stoll@cmht.com or abraccio@cmht.com *T

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