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Copyright (c) 2001
Stanford Law School


Orion Energy Systems, Inc.
Summary: According to a press release dated February 11, 2008 with respect to the IPO, Orion realized over $78 million in proceeds, while its Chief Executive Officer and family sold 600,000 shares for proceeds of approximately $7 million. On February 6, 2008, just weeks after its IPO, Orion revealed news concerning the Company which completely surprised analysts and investors, and caused the stock to drop approximately 43%, to a price of $8.51 per share.

Orion is a manufacturer of efficient lighting and energy systems to businesses. The Prospectus for its IPO described a Company that was quickly growing revenues from existing product lines, and briefly described product line extensions. After the close of trading on February 6, 2008, Orion revealed that revenues in its current fiscal quarter would decline as the Company took aggressive measures to promote a ``new business model,'' a change in focus that is alleged not to have been adequately disclosed or described in the IPO Prospectus. During the February 6, 2008 conference call, Orion executives, including the CEO, appeared unable to explain to the satisfaction of securities analysts this surprising news about the business model change on the heels of the IPO, or its impact on revenues.

The complaint charges Orion, certain of its officers and directors and the underwriters who sponsored the IPO with violation of the federal securities laws by issuing a Registration Statement and Prospectus in connection with the IPO which was materially false or misleading due to omissions. The law generally imposes strict liability on defendants responsible for a materially false Registration Statement and Prospectus, including for purchases made in the open market after the IPO; no fraud need be proved to recover.

INDUSTRY CLASSIFICATION:
SIC Code: 3640
Sector: Technology
Industry: Electronic Instruments & Controls


COMPANY/ISSUER NAME: Orion Energy Systems, Inc.
COMPANY/ISSUER TICKER: OESX
COMPANY WEBSITE: http://www.oriones.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Afshin Monsefi, et al. v. Orion Energy Systems, Inc., et al.
 COURT: S.D. New York  DOCKET NUMBER: 08-CV-01328
 JUDGE NAME: Hon. Richard J. Sullivan
 DATE FILED: 2/11/2008  SOURCE: Notice of Filing
 CLASS PERIOD START: 12/18/2007  CLASS PERIOD END: 2/6/2008
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Brodsky & Smith, LLC
      11 Bala Avenue, Suite 39, Bala Cynwyd, PA, 19004
       (voice) 610.668.7987., (fax) 610.660.0450, esmith@Brodsky-Smith.com
  • Paskowitz & Associates
      60 East 42nd Street, 46th Floor, New York, NY, 10165
       (voice) 212.685.0969, (fax) 212.685.2306, classattorney@aol.com
  • Roy Jacobs & Associates
      350 Fifth Avenue Suite 3000 , New York, NY, 10118
       (voice) , (fax) , classattorney@pipeline.com
  • Schiffrin Barroway Topaz & Kessler, LLP
       280 King of Prussia Road, Radnor, PA, 19087
       (voice) 610.667.7706, (fax) 610.667.7056, info@sbtklaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  4

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint for Violations of Federal Securities Laws - Jury Trial Demanded
    Type: Complaint Date on the document: 02/11/2008

     OTHER DOCUMENTS
    Class Action Complaint - Jury Trial Demanded
    Case Name and/or Number: Jason Allen, et al. v. Orion Energy Systems, Inc., et al.
    Type: Complaint Date on the document: 02/28/2008
    Class Action Complaint for Violation of the Federal Securities Laws - Demand for Jury Trial
    Case Name and/or Number: William Jennings Golston, et al. v. Orion Energy Systems, Inc., et al.
    Type: Complaint Date on the document: 03/24/2008

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