Lawsuit Overview
Settlement Overview
You must register to view and download the Settlement Notice and Settlement Proof.
September 22, 2009 - The court approved the settlement, entered the orders approving the plan of allocation, the motion for attorneys’ fees and expenses, and dismissed the action with prejudice.
June 1, 2009 - The court preliminarily approved the settlement.
April 6, 2009 - Parties filed a stipulation of settlement.
February 23, 2009 - The court denied the defendants motions to dismiss.
August 8, 2008 - The defendants filed motions to dismiss.
May 30, 2008 - The lead plaintiff filed an amended complaint.
February 14, 2008 - The lead plaintiff and lead counsel were appointed and all cases were consolidated.
December 3, 2007 - Lead plaintiff motions were filed.
November 16, 2007 - Another investor filed a complaint.
November 14, 2007 - Another investor filed a complaint.
November 6, 2007 - Another investor filed a complaint.
October 19, 2007 - Another investor filed a complaint.
October 18, 2007 - Another investor filed a complaint.
October 5, 2007 - Another investor filed a complaint.
October 3, 2007 - An investor in shares of BigBand Networks Inc (NASDAQ: BBND) filed a lawsuit in the U.S. District Court for the Northern District of California against BigBand Networks Inc over alleged violations of Federal Securities Laws in connection with BigBand Networks Inc’s Initial Public Offering (”IPO”) on or about March 15, 2007.
The complaint charges that BigBand Networks Inc raised over $159 million through the sale of 10.7 million shares, despite the registration statement’s false and misleading statements issued in connection with the IPO. Specifically, the complaint charges defendants with failing to adequately conduct a due diligence investigation into BigBand Networks Inc prior to the IPO, and that they failed to reveal BigBand Networks Inc was not performing according to plan, lacked significant controls and procedures, and lacked any reasonable basis to forecast near-term foreseeable financial and operational results.
The complaint further alleges that defendants failed to reveal BigBand Networks Inc’s results were already underperforming expectations at the time of the IPO, and that they had boosted the financial results of the quarter immediately prior to the offering by loading customers with unnecessary inventory — such that sales in future quarters would foreseeably be adversely impacted as customers “worked off” excess inventory prior to purchasing more of BigBand Networks Inc’s products. Additionally, the complaint asserts that defendants failed to disclose that the roll out of its new products was not proceeding according to its growth plan, and that this transition too was adversely impacting revenues in the near-term.
On September 28, 2007, BigBand Networks Inc (NASDAQ: BBND) shares fell over 30% in a single trading day — falling from over $9.00 per share to below $6.00 per share, before closing at $6.49 on exceptionally heavy trading volume of almost 7 million shares. This precipitous decline occurred after the truth was revealed to investors the previous evening that the problems existing at the time of the IPO, and detailed in the complaint, would result in extremely disappointing results for the third quarter of 2007, including substantially reduced revenues.