FLAG Telecom Investor Lawsuit Filed
JULY 2010 - A class action settlement has been reached in a class action lawsuit pending in the United States District Court for the Southern District of New York against certain directors and officers (the “Individual Defendants”) of FLAG Telecom Holdings Limited (“FLAG”). The Flag Telecom securities class action settlement Defendants agreed to create a $23.8 million settlement fund to be divided, after attorneys’ fees and expenses, among all settlement Class Members, and CGMI agreed to create a $600,000 fund to be divided, after attorneys’ fees and expenses, among all settlement Class Members who purchased FLAG common stock pursuant to or traceable to FLAG’s IPO between February 11, 2000 and May 10, 2000.
MAY 2002 - The original Complaint alleges that defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder, by issuing a series of material misrepresentations to the market between March 23, 2001 and February 13, 2002, thereby artificially inflating the price of FLAG shares. The complaint alleges that throughout the Class Period, FLAG reported strong year-over-year revenue growth. Unbeknownst to investors, however, as alleged in the complaint, FLAG was experiencing diminishing revenue growth. The complaint alleges that in order to create the impression that FLAG was continuing to experience growth, the Company engaged in a series of reciprocal transactions with certain competitors for the purchase and sale of dark fiber optic cable -- the so-called dark fiber swap. The complaint alleges that as a result of these transactions, FLAG artificially inflated its operating results and materially misrepresented its financial results at all relevant times.


