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STULL, STULL & BRODY
NEW YORK, December 1, 2006 -- Stull, Stull & Brody has reported on the progress of the 401(k) breach of fiduciary duty class action against Motorola, Inc. (NYSE: MOT), which has been brought on behalf of participants in Motorola's 401(k) defined contribution retirement plan (the Motorola, Inc. 401(k) Profit Sharing Plan, or the "Plan") for whose individual account the Plan purchased and/or held shares of Motorola common stock at any time from May 16, 2000 to the present. The case, which has been assigned No. 03 C 5044 and is pending in the United States District Court for the Northern District of Illinois, Eastern Division, alleges that Motorola and other Plan fiduciaries concealed from Plan participants important information concerning (i) Motorola's true financial and operating condition; (ii) risks associated with Motorola's vendor financing to, and relationship with, Turkish telephone company Telsim, and (iii) whether Motorola common stock was a prudent and suitable retirement investment for the Plan. After initially substantially denying a motion to dismiss, the parties engaged in extensive document discovery and depositions. The Court thereafter granted summary judgment against the original plaintiff in the case on the ground that he executed a severance agreement and release of claims upon leaving Motorola's employ. That ruling is on appeal. The Court has also denied a request by a former participant of the Plan to intervene and represent the participant class, finding that only current Plan participants have standing to assert the claims in the case. If you are a current participant in the Motorola, Inc. 401(k) Profit Sharing Plan or are, or think you may be, a member of the proposed class defined above, you may, if you wish, obtain additional information about the class action by contacting Stull, Stull & Brody. There is no cost or obligation. The contact information for Stull, Stull & Brody is as follows: Email:
ssbny@aol.com You may also visit our website at www.ssbny.com. Stull, Stull & Brody has extensive experience in protecting the rights of 401(k) plan participants and beneficiaries and shareholders of public companies. Stull, Stull & Brody is presently representing classes of 401(k) plan participants in many class action cases throughout the country. Stull, Stull & Brody maintains offices in New York and Los Angeles [ Firm
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