RADNOR, Pa., Nov. 9 – LAWFUEL – The Law News Network — The following statement was issued today by the law firm of Schiffrin & Barroway, LLP:
Notice is hereby given that a class action lawsuit was filed in the United
States District Court for the Western District of Texas on behalf of all
securities purchasers of Motive, Inc. (Nasdaq: MOTV) (“Motive” or the
“Company”) between April 21, 2005 and October 26, 2005 inclusive (the “Class
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 Schiffrin & Barroway, LLP (Darren J. Check, Esq. or Richard A.
Maniskas, Esq.) toll-free at 1-888-299-7706 or 1-610-667-7706, or via e-mail
at [email protected].
The complaint charges Motive, Scott L. Harmon, and Paul M. Baker 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 the Company improperly recognized $5.2 million
in revenue from a licensing agreement, which materially inflated its revenue
figures; (2) the Company’s financial statements were presented in violation of
Generally Accepted Accounting Principles (“GAAP”); and (3) that the Company
lacked the necessary personnel and controls to issue accurate financial
reports and projections.
On October 4, 2005, after the close of the market, Motive announced that
it expected core revenue for the third quarter of 2005, which excludes impact
from business acquisitions, to be in the range of $15.5 million to $17.5
million, compared to core revenue of $23 million for the same period last
year. In reaction to this announcement, the price of Motive stock fell
dramatically, from $6.26 per share on October 4, 2005 to $4.01 per share on
October 5, 2005, a one-day drop of $2.25 per share, or 35.94 percent, on
unusually heavy trading volume. On October 27, 2005, Motive, prior to the
opening of the market, issued a press release announcing financial results for
the quarter ended Sept. 30, 2005, as well as the decision to restate its
financial results for the quarters ended March 31, 2005 and June 30, 2005 and
the six-month period ended June 30, 2005. In reaction to this announcement,
the price of Motive stock fell, from $4.12 per share on October 26, 2005 to
$3.66 per share on October 27, 2005, a one-day drop of $0.46 per share, or
11.17 percent, on unusually heavy trading volume.
Plaintiff seeks to recover damages on behalf of class members and is
represented by the law firm of Schiffrin & Barroway, which prosecutes class
actions in both state and federal courts throughout the country. Schiffrin &
Barroway is a driving force behind corporate governance reform, and has
recovered billions of dollars on behalf of institutional and individual
investors from the United States and around the world. For more information
about Schiffrin & Barroway, or to sign up to participate in this action
online, please visit http://www.sbclasslaw.com.
If you are a member of the class described above, you may, not later than
January 2, 2006 move the Court to serve as lead plaintiff of the class, if you
so choose. 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 Schiffrin & Barroway, or other
counsel of your choice, to serve as your counsel in this action.
CONTACT: Schiffrin & Barroway, LLP
Darren J. Check, Esq.
Richard A. Maniskas, Esq.
280 King of Prussia Road
Radnor, PA 19087
1-888-299-7706 (toll-free) or 1-610-667-7706
Or by e-mail at [email protected]
Web Site: http://www.sbclasslaw.com