Stull, Stull & Brody Announces Class Action against Arbinet-thexchange, Inc.
September 27 2005 - 6:09PM
Business Wire
Notice is hereby given that a class action lawsuit was filed in the
United States District Court for the District of New Jersey, on
behalf of all securities purchasers of Arbinet-thexchange, Inc.
("Arbinet " or the "Company") (Nasdaq:ARBX) who bought pursuant and
/or traceable to the Company's Initial Public Offering ("IPO") on
or about December 16, 2004 and between December 16, 2004 and June
21, 2005 inclusive (the "Class Period"). Stull, Stull & Brody
has substantial experience representing employees who suffered
losses from purchases of their employer's stock in their 401(k)
plans. If you bought Arbinet stock through your Arbinet retirement
account and have information or would like to learn more about
these claims, please contact us. The complaint charges
Arbinet-thexchange, Inc., J. Curt Hockemeier and John J. Roberts
with violations of the Securities Exchange Act of 1934. More
specifically, the Complaint alleges that the Company failed to
disclose and misrepresented the following material adverse facts
which were known to defendants or recklessly disregarded by them:
(1) that Arbinet was experiencing a shorter than average call
duration and a mix shift to wireless calls from wired calls, which
led to a decrease in the average number of minutes the Company
transacted on the exchange; (2) that the Company, due to credit
problems, was forced to suspend trading for two of its largest
customers; (3) that the Company's international offerings were not
adequately differentiated from its competitors, thereby
jeopardizing Arbinet's ability to grow abroad; and (4) that as a
result of the foregoing, the defendant's positive statements about
the Company's condition and progress lacked in all reasonable
basis. On June 21, 2005, Arbinet lowered its guidance for both the
second quarter and all of 2005. On this news, shares of Arbinet
fell $4.00 per share, or 34.78 percent, on June 22, 2005, to close
at $7.50 per share. If you acquired Arbinet common stock pursuant
or traceable to the Company's IPO on or about December 16, 2004 and
June 21, 2005, you may, no later than October 31, 2005, request the
Court appoint you as lead plaintiff. 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 Stull, Stull & Brody, or other counsel of your choice,
to serve as your counsel in this action. Stull, Stull & Brody
has not yet filed a complaint in this action. Stull, Stull &
Brody has litigated many class actions for violations of securities
laws in federal courts over the past 30 years and has obtained
court approval of substantial settlements on numerous occasions.
Stull, Stull & Brody maintains offices in both New York and Los
Angeles. If you wish to discuss this action or have any questions
concerning this notice or your rights or interests with respect to
these matters, please contact Tzivia Brody, Esq. at Stull, Stull
& Brody by e-mail at SSBNY@aol.com or by calling toll-free
1-800-337-4983, or by fax at 212/490-2022, or by writing to Stull,
Stull & Brody, 6 East 45th Street, New York, NY 10017. You can
also visit our website at www.ssbny.com.
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