SOURCE: Bernstein Liebhard LLP

December 03, 2009 14:51 ET

ProShares UltraShort Basic Materials Fund (SMN) Class Action Filed by Bernstein Liebhard LLP

NEW YORK, NY--(Marketwire - December 3, 2009) - Bernstein Liebhard LLP filed a class action lawsuit on December 3, 2009 in the United States District Court for the Southern District of New York, on behalf of all persons who purchased or otherwise acquired shares in the UltraShort Basic Materials fund (the "SMN Fund") (NYSE: SMN), an exchange-traded fund ("ETF") offered by ProShares Trust ("ProShares"), pursuant or traceable to ProShares' false and misleading Registration Statement, Prospectuses, and Statements of Additional Information (collectively, the "Registration Statement") issued in connection with shares of the SMN Fund (the "Class"). The Class is seeking to pursue remedies under Sections 11 and 15 of the Securities Act of 1933 (the "Securities Act").

The complaint names ProShares, ProShare Advisors LLC, SEI Investments Distribution Co., Michael L. Sapir, Louis M. Mayberg, Russell S. Reynolds, III, Michael Wachs, and Simon D. Collier, as defendants (collectively, "Defendants"). ProShares sells its Ultra and UltraShort ETFs as "simple" directional plays. As marketed by ProShares, Ultra ETFs are designed to go up when markets go up; UltraShort ETFs are designed to go up when markets go down. The SMN Fund is one of ProShares' UltraShort ETFs. The SMN Fund seeks investment results that correspond to twice the inverse (-200%) of the daily performance of the Dow Jones U.S. Basic Materials Index ("DJBMI"). Accordingly, the SMN Fund is supposed to deliver double the inverse return of the DJBMI, which fell in approximately 52 percent in 2008. Rather than increase approximately 104 percent (double the inverse), the SMN Fund has fallen approximately 3.5 percent in 2008.

The complaint alleges the Defendants violated the Securities Act by failing to disclose the following risks, inter alia, in the Registration Statement: (1) if SMN Fund shares were held for a time period longer than one day, the likelihood of catastrophic losses was huge; and (2) the extent to which performance of the SMN Fund would inevitably diverge from the performance of the DJBMI -- i.e., the overwhelming probability, if not certainty, of spectacular divergence.

Plaintiff in the SMN Action seeks to recover damages on behalf of all Class members who purchased or otherwise acquired shares of ProShares SMN. If you purchased or otherwise acquired ProShares SMN shares, and either lost money on the transaction or still hold the shares, you may wish to join in the action to serve as lead plaintiff. In order to do so, you must meet certain requirements set forth in the applicable law and file appropriate papers no later than February 1, 2010.

A "lead plaintiff" is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as lead plaintiff. Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain Bernstein Liebhard LLP, or other counsel of your choice, to serve as your counsel in this action.

There is also a pending lead plaintiff deadline of January 4, 2010 for investors in ProShares' Ultra Oil & Gas Fund (DIG Fund).

If you purchased or otherwise acquired shares in the SMN or DIG Funds, or any ProShares leveraged funds, and either lost money on the transaction or still hold the shares, please contact Christian Siebott or Joseph R. Seidman, Jr. at (877) 779-1414.

Bernstein Liebhard has pursued hundreds of securities and consumer cases and recovered approximately $2 billion for its clients. It has been named to The National Law Journal's "Plaintiffs' Hot List" in each of the last six years.

Bernstein Liebhard has also filed cases concerning ProShares' SRS, SKF, DUG, UYG, and DXD funds. You can view a copy of these complaints, as well as the SMN complaint, online at http://www.bernlieb.com, or obtain them from the court.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
(877) 779-1414
www.bernlieb.com

ATTORNEY ADVERTISING. © 2009 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information

  • Contact Information
    Christian Siebott
    Joseph R. Seidman, Jr.
    Bernstein Liebhard LLP
    http://www.bernlieb.com
    (212) 779-1414