17.03.2009 20:47:00
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Wolf Haldenstein Adler Freeman & Herz LLP Commences Class Action Lawsuit on Behalf of Century Aluminum Company Investors
On March 12, 2009, Wolf Haldenstein Adler Freeman & Herz LLP filed a class action lawsuit in the United States District Court, Northern District of California, on behalf of all persons who purchased or acquired the shares of Century Aluminum Company ("Century Aluminum” or the "Company”) [NASDAQ:CENX] pursuant or traceable to the Company’s January 28, 2009 Secondary Offering (the "Secondary Offering” or the "Class Period”) against the Company, certain officers and directors, and the underwriters pursuant to Sections 11, 12(a)(2), and 15 of the Securities Act, 15 U.S.C. §§ 77k, 77l(a)(2) and 77o (the "Class”).
The case name is styled Abrams v. Century Aluminum Company, 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 www.whafh.com.
On or about January 29, 2009, the Company completed its Secondary Offering in which it sold 24.5 million shares and received proceeds of approximately $104.7 million. In connection with the Secondary Offering, the Company issued a registration statement and prospectus (together, the "Secondary Offering Documents”) which incorporated by reference the Company’s financial results for the quarterly periods ended March 31, 2008, June 30, 2008 and September 30, 2008.
The Complaint alleges that the Secondary Offering Documents were materially false and misleading because it failed to include the information contained in the Company’s 8-K of March 2, 2009 that the initially reported cash flows associated with the termination of forward financial sales contracts by issuing $929 million of Series A Convertible Preferred Stock were improperly reported "on a net basis as an operating activity” rather than "on a gross presentation basis as both an operating activity and a financing activity to reflect the cash receipts and disbursements associated the transaction.” Century Aluminum’s 8-K also reported that, as a result of this improper accounting, the financial statements reported in the Form 10-Q for three quarters in 2008 "should no longer be relied upon.”
As a direct and proximate result of the conduct engaged in by each of the defendants in issuing materially false and misleading Secondary Offering documents, plaintiff and the other members of the Class have sustained substantial damage in connection with the purchase of the securities issued pursuant to or traceable to the Offering Documents.
If you purchased Century Aluminum shares pursuant to or traceable to the Secondary Offering, you may request that the Court appoints you as lead plaintiff no later than May 8, 2009. 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 70 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 (Robert Abrams, Esq., or Derek Behnke), via e-mail at classmember@whafh.com or visit our website at www.whafh.com. All e-mail correspondence should make reference to Century Aluminum.
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