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To: jeffbas who wrote (562)3/5/1998 5:16:00 PM
From: Rob Preuss  Respond to of 1250
 
The following message was sent to me by LPasko, a (former) class
action attorney that I ran across on another SI thread. While it
was sent to me as a private message, it included his permission
to post it publically. - Rob Preuss.

Rob: I just got your message on the class action lawsuit. Sorry it
took me so long; I am back practicing law part time. I haven't had
a chance yet to look thoroughly at the thread, the press releases,
and whatever there is on the lawsuit. It looks like the way the lawyer
has gone about things has pissed people off. A lot of the problem
stems from the attempt Congress made to "clean up" the class action
profession in 1995. The Private Securities Litigation Reform Act of
1995 requires a lawyer who files a class action suit to advertise it,
and to invite others to join in. The theory was that this would
attract more investor participation in these suits, and thus give
investors more of a voice. Unfortunately, the Act also stated
elsewhere that the lead counsel (who essentially directs all aspects
of the litigation) shall be that lawyer who represents the person who
has the greatest stake in the litigation (that is, the person suing
who lost the most money). Courts have interpreted this to allow
lawyers to accumulate plaintiffs, so that the "group" they represent
is, they hope, one that has larger losses than the person or group any
other lawyer represents.

Thus the "law of unintended consequences" is at work as the provision
Congress enacted to improve class action practice has actually led to
what many investors perceive as "ambulance chasing."

All this has nothing to do with whether the lawsuit here is valid or
invalid. I merely provide this by way of background.

Rob, if you wish, you can post all or any part of my response on the
thread. I have posted this as a Private Message because I did not know
how much of this you wished to keep confidential.

I'll try to get a feel for the situation soon, and get back to you.
If any other questions occur to you in the meantime, let me know.
Good luck. Larry.



To: jeffbas who wrote (562)3/5/1998 5:19:00 PM
From: Rob Preuss  Respond to of 1250
 
BOSTON, March 3 (Reuters) - ACT Manufacturing Inc and
certain of its officers were named in a shareholder lawsuit
alleging that the company misled investors about its financial
condition, attorneys for the plaintiff said Tuesday.
The civil suit, which seeks class-action status, was filed
February 27 in the U.S. District Court for the District of
Massachusetts on behalf of all persons who purchased ACT common
stock between October 1, 1997, and February 25, 1998.
In a statement, the plaintiff's attorneys said the
complaint alleged that ACT's financial statements during the
recent period did not accurately reflect the company's true
financial position and results of operations.
ACT officials were not immediately available Tuesday to
comment.
The plaintiff, Shashi Mirpuri, seeks to recover unspecified
damages and is represented by the law firms of Gilman and
Pastor LLP of Boston and Wechsler Harwood Halebian & Feffer LLP
of New York.
Mirpuri purchased about 600 shares during the period cited
in the complaint, an attorney acting on his behalf said.
On February 25, ACT announced it had postponed reporting
its fourth-quarter and full-year results, citing a "significant
shortfall in inventory" that it expected will have "a material
impact on operating results."
On February 26, ACT's stock plunged nearly four points to
12-5/8 from its February 25 closing price of 16-1/2. The stock
also had a sharp fall to 19-13/16 from 32-7/8 in mid-October.
ACT hit a high of 48 in August last year.
Late Tuesday, ACT's stock was trading down 3/16 at 11-9/16
on Nasdaq.



To: jeffbas who wrote (562)3/5/1998 5:22:00 PM
From: Rob Preuss  Read Replies (1) | Respond to of 1250
 
HUDSON, Mass., March 4 /PRNewswire/ -- ACT Manufacturing, Inc.
(Nasdaq: ACTM) today announced that is has been named as a defendant in a
securities class action lawsuit filed in the United State District Court for
the District of Massachusetts purportedly on behalf of purchasers of the
Company's common stock during the period October 1, 1997 to February 25, 1998.
The complaint also names as defendants certain of the Company's directors and
officers. The complaint alleges, among other things, that the defendants
knowingly made misstatements to the investing public about the Company's
inventory and the accuracy of its accounting practices.
The Company believes the allegations in the complaint are without merit
and intends to vigorously contest them.
ACT Manufacturing, Inc., headquartered in Hudson, Massachusetts, provides
value added electronics manufacturing services for original equipment
manufacturers ("OEMs") in the networking, computer, telecommunications,
industrial and medical equipment markets. The Company provides OEMs with
complex printed circuit board ("PCB") assembly primarily utilizing advanced
surface mount technology ("SMT"), mechanical and molded cable and harness
assembly, electro-mechanical sub-assembly, and total system assembly and
integration.
This Press Release contains forward-looking statements which are made
pursuant to the safe harbor provisions of The Private Securities Litigation
Reform Act of 1995. The Company's periodic reports filed with the Securities
and Exchange Commission, including the Company's annual report on Form 10-K
for the period ending December 31, 1996 and quarterly reports on Form 10-Q for
the first, second and third quarters of 1997 detail some important risk
factors that could cause actual results to differ materially from any
forward-looking statements.

SOURCE ACT Manufacturing, Inc.
/CONTACT: Douglass C. Greenlaw of ACT Manufacturing,
978-562-8046/ (ACTM)