Albany Times Union

Suit targets Plug Power

Latham fuel cell maker revealed issue, which led to hefty sell-off

- By Larry Rulison

Latham fuel cell maker reveals accounting trouble; shareholde­r then sues over losses.

The first class-action lawsuit has been brought against Plug Power after the Latham fuel cell maker revealed accounting issues earlier this month that led to a major sell-off of its shares.

The suit was filed in U.S.

District Court in Manhattan on behalf of shareholde­r Dawn Beverly, who purchased 225 shares of Plug Power on Feb. 23 at $44.29 apiece.

Beverly, who appears to live in Pennsylvan­ia, is represente­d by the law firm Glancy Prongay & Murray in New York City, which has been seeking other Plug Power shareholde­rs to join in the suit.

Such securities class action lawsuits are commonplac­e after public companies announce adverse news that leads to their stock price falling.

Shares of Plug are down 30 percent since a March 2 filing with the U.S. Securities Commission in which the company said it would likely need to correct past financial statements due to evolving interpreta­tions of how it should categorize certain assets and spending.

Plug Power has stressed that none of the expected changes to be made to its financial statements will involve spending

future cash. Although Plug Power has yet to break even and turn a profit, it has brought on so many investors that its market capitaliza­tion, or stock market value, is roughly $19 billion.

The company is predicting $475 million in billings for its services this year. The company makes hydrogen fuel cells used in vehicles and also sells hydrogen and hydrogen fueling equipment.

Plug Power says it may need to adjust past financial statements

“The complaint filed in this class action alleges that throughout the class period, defendants made materially false and or misleading statements, as well as failed to disclose material adverse facts about the company’s business, operations, and prospects,” Glancy Prongay & Murray said in a press release seeking to obtain the cooperatio­n with other Plug Power shareholde­rs.

Plug Power did not respond to a request for comment on the lawsuit.

Shares (Nasdaq: PLUG) lost $2.97, or 7.55 percent, to close at $36.36 Thursday but were up 2 cents in early after-hours trading.

 ?? Michael P. Farrell / Times Union archive ?? Plug Power, based at 968 Albany Shaker Road in Colonie, is facing a lawsuit after the Latham fuel cell maker revealed accounting issues earlier this month that led to a major sell-off of its shares.
Michael P. Farrell / Times Union archive Plug Power, based at 968 Albany Shaker Road in Colonie, is facing a lawsuit after the Latham fuel cell maker revealed accounting issues earlier this month that led to a major sell-off of its shares.

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