who purchased or otherwise acquired shares of Direxion Daily Financial Bear 3X Shares ((FAZ) 20.26, +0.06, +0.30%) (the “(FAZ) Fund”) during the Class Period of November 3, 2008 through April 9, 2009. The Complaint alleges violations of federal securities laws, including Sections 11 and 15 of the Securities Act of 1933.
The FAZ Fund seeks investment results that correspond to three times the inverse (-300%) daily performance of the Russell 1000 Financial Services Index (“RFSI”), which measures the performance of the financial services sector of the U.S. equity market. The complaint alleges the Defendants violated the Securities Act by failing to disclose that the FAZ Fund is altogether defective as a directional investment play. Defendants failed to disclose the following risks in the Company’s Registration Statement: (1) inverse correlation between the FAZ Fund and the RFSI over time would only happen in the rarest of circumstances, and inadvertently, if at all; (2) the extent to which performance of the FAZ Fund would inevitably diverge from the performance of the RFSI — i.e., the probability, if not certainty, of spectacular tracking error; (3) the severe consequences of high market volatility on the FAZ Fund’s investment objectives and performance; (4) the severe consequences of inherent path dependency in periods of high market volatility on the FAZ Fund’s performance; (5) the role the FAZ Fund plays in increasing market volatility, particularly in the last hour of trading; (6) the consequences of the FAZ Fund’s daily hedge adjustment always going in the same direction as the movement of the underlying index, notwithstanding that it is an inverse leveraged ETF; (7) the FAZ Fund causes dislocations in the stock market; and (8) the FAZ Fund offers a seemingly straightforward way to obtain desired exposure, but such exposure is not attainable through the FAZ Fund.
Plaintiff is represented by Federman & Sherwood, who seeks to recover damages on behalf of the Class. If you are a member of the Class as described above, you may move the Court no later than Tuesday, November 17, 2009, to serve as a lead plaintiff for the Class. However, in order to do so, you must meet certain legal requirements pursuant to the Private Securities Litigation Reform Act of 1995. If you wish to discuss this action, participate in this or any other lawsuit, or have any questions or concerns regarding this notice, or preservation of your rights, please contact:
William B. Federman FEDERMAN & SHERWOOD 10205 North Pennsylvania Avenue Oklahoma City, OK 73120 (405) 235-1560 Fax: (405) 239-2112 Email to: [email protected] http://www.federmanlaw.com/