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10/18/2012 | Press release
distributed by noodls on 10/18/2012 16:35
LoJack Corporation Announces Settlement Agreement in California Class Action Litigations
LoJack Corporation (NASDAQ GS: "LOJN") today
announced that it has reached a settlement agreement
involving the remaining claims in the two California
wage-and-hour class action lawsuits against the
Company.
Under the terms of the settlement agreement, which is
subject to approval of the Superior Court of California for
Los Angeles County, the Company has agreed to pay up to
$8.1 million, including plaintiffs' attorneys' potential
fees and costs, to resolve all remaining California state
class action claims. The Company previously disclosed that
it estimated the range of possible loss with respect to the
state court case to be between $970,000 and $30 million.
"These legal claims were originally filed in 2006, and
plaintiffs asserted claims reaching back to 2002,"
said Randy L. Ortiz, President and Chief Executive Officer
of LoJack. "Since then the cases have involved a
significant amount of time and expense on pleadings,
motions, depositions, and discovery in various state and
federal courts. The cases have also required us to look at
employment practices of the distant past rather than focus
entirely on our present and continuing commitment to the
welfare of our employees, the success of our dealer
partners and licensees and the strength of our brand.
Though the Company believes that it has substantial legal
and factual defenses to the plaintiffs' claims, the Board
of Directors and current leadership team determined that a
settlement at this time is in the best interest of LoJack
and its shareholders."
"One of my priorities since joining LoJack in November
has been to ensure that as an organization we efficiently
address issues distracting the Company from the pursuit of
its strategic initiatives and plans for growth," Ortiz
continued. "We believe that this settlement agreement
is a significant step toward that objective and also
protects the strength of our balance sheet and liquidity
resources. Equally important, by eliminating the expense
and uncertainty associated with continued litigation, the
agreement frees us to position the Company for improved
long-term financial performance and expansion of its
business opportunities."
As previously disclosed, in the related California federal
wage-and-hour case, the Company paid the class action
plaintiffs $115,000 in 2011 to settle the federal claims.
During 2011, the Company also recorded a $1.1 million
accrual with respect to plaintiffs' attorneys' fee
application in the federal case. In early August 2012, the
federal court awarded plaintiffs' attorneys' fees and costs
of $900,518 related to those claims. Although the Company
filed a notice of appeal with respect to the attorneys' fee
award in the federal case, the Company has agreed to waive
that appeal as part of this settlement.
The settlement agreement involves no admission of
wrongdoing, liability or violation of the law by the
Company. In addition, the agreement bars the named
plaintiffs in the California state class action from
pursuing further claims against the Company.
The Company expects the Court to issue a decision shortly
regarding preliminary approval of the proposed settlement.
Should the Court grant preliminary approval, California
class members would be sent a notice of the settlement and
given the opportunity to decide whether to participate.
LoJack could pay less than $8.1 million in settlement of
the state court case depending on the level of
participation by class members in the settlement. Following
the notice period, the parties may move for final approval
of the settlement. LoJack anticipates that the Court would
be in a position to rule on final approval of the proposed
settlement by the first or second quarter of 2013. LoJack
does not anticipate paying any portion of the settlement of
the California state case until the Court has granted final
approval.
As a result of the settlement agreement, LoJack expects to
record a one-time charge of approximately $6.9 million, or
approximately $0.40 per diluted share, for the third
quarter ended September 30, 2012. The $6.9 million charge
represents the $8.1 million expected settlement less the
$970,000 previously accrued for the state court case and
the $200,000 reduction in the estimated attorneys' fees
accrual in the federal court case.
About LoJack Corporation
LoJack Corporation, the company that invented the stolen vehicle recovery market more than two decades ago, is the global leader in finding and recovering a wide range of mobile assets including cars, construction equipment and motorcycles - having recovered nearly USD$4 billion in stolen assets worldwide. LoJack's core competencies are being applied into new areas, such as the prevention, detection and recovery of stolen cargo and finding and rescuing people with cognitive conditions such as autism and Alzheimer's. LoJack has proven processes and technology for recovery - Radio Frequency - and unique integration with law enforcement agencies, making its offerings proven solutions that not only deliver a wide range of recoveries, but also enhance public safety. LoJack's Stolen Vehicle Recovery System operates in 28 states and the District of Columbia, and in more than 30 countries throughout North America, South America, Europe and Africa. For more information, visit
Safe Harbor Regarding Forward Looking Statements
From time to time, information provided by the Company or statements made by its employees may contain "forward-looking" statements within the meaning of the Private Securities Litigation Reform Act of 1995 and other securities laws, which involve risks and uncertainties. Any statements in this news release that are not statements of historical fact are forward-looking statements. These include, but are not limited to, statements concerning the terms of the settlement agreement, which remains subject to approval by the Superior Court of California for Los Angeles County, the anticipated timing of such approval and payment of the settlement amount, the expected impact of the settlement on the Company's operating results, financial condition and liquidity, and the Company's business opportunities and ability to execute on its strategic initiatives and growth plans. Such forward-looking statements are based on a number of assumptions and involve a number of risks and uncertainties, and accordingly, actual results could differ materially. Factors that may cause such differences include, but are not limited to, (i) the timing of Court approval and final resolution of the settlement, (ii) the accuracy of the Company's assumptions in determining the related charge to earnings, (iii) an unexpected impact of the settlement on the Company's operating results, financial condition or liquidity resources, (iv) the continued and future acceptance of the Company's products and services, (v) the Company's ability to obtain financing from lenders, (vi) the rate of growth in the industries of the Company's customers, (vii) the Company's relationships with its licensees and agents and the strength of their business, (viii) the presence of competitors with greater technical, marketing, and financial resources, (ix) the Company's customers' ability to access the credit markets, including changes in interest rates, (x) the Company's ability to promptly and effectively respond to technological change to meet evolving customer needs, (xi) the Company's ability to successfully expand its operations and business opportunities, (xii) conditions in the automotive retail market, (xiii) changes in customer demand and automotive production schedules, and (xiv) changes in general economic or geopolitical conditions, including the European debt crisis and persisting trade tensions. For a further discussion of these and other significant factors to consider in connection with forward-looking statements concerning the Company, reference is made to the Company's Annual Report on Form 10-K for the year ended December 31, 2011 and the Company's other filings with the Securities and Exchange Commission.
Readers should not place undue reliance on any
forward-looking statements, which only speak as of the date
made. Except as required by law, the Company undertakes no
obligation to release publicly the result of any revision
to the forward-looking statements that may be made to
reflect events or circumstances after the date hereof or to
reflect the occurrence of unanticipated events.
Donald R. Peck
LoJack Corporation
(781) 302-4200