LOS ANGELES--(BUSINESS WIRE)--Oct. 8, 2009--
EMAK Worldwide, Inc. (OTC: EMAK) announced that it will defend
vigorously against a shareholder lawsuit that was filed September 29,
2009 in the Los Angeles Superior Court of the State of California. The
defendants in this lawsuit are the Company and certain current and
former members of its Board of Directors. This suit is brought on behalf
of a group of plaintiffs that includes Donald Kurz, EMAK’s former CEO
and a significant shareholder.
“The Company considers this complaint to be a misguided and frivolous
effort. It is yet another costly and destructive action involving a
disgruntled former employee of the Company. Since being ousted as CEO by
EMAK’s Board in 2005, Kurz has made numerous attempts to gain control of
EMAK, including a failed proxy contest in 2006. The Board considers this
to be another attempt to baselessly discredit its members and EMAK's
management team for personal gain, as evidenced by the suit's attempt to
recover funds for Kurz and the other plaintiffs personally. By inviting
him to rejoin the Board in June, after extending at least three prior
invitations following his precipitous resignation from the Board in
August of 2005, our hope was that Kurz would make a positive
contribution to EMAK's business challenges instead of simply continuing
what appears to be a personal vendetta. As a large shareholder myself, I
find this complaint bizarre,” said Stephen Robeck, EMAK’s Chairman of
the Board.
The Company believes that the allegations are without merit and intends
to defend vigorously against the claims and causes of action asserted in
this legal matter. For example, the plaintiffs' allegations regarding a
failure to sell the Company in 2005 are utterly baseless, as EMAK never
received an offer to buy the Company at any price, let alone at $15.00
per share. In addition, the Company is investigating possible claims
against Kurz based on what the Company believes are his recent breaches
of his fiduciary duties as a Director of EMAK.
Peter Ackerman, Managing Director of Rockport Capital Inc. and EMAK’s
preferred stockholder, commented, "I am disappointed that Kurz felt
compelled to file a lawsuit that in my estimation is without merit. If
allowed to focus, this management is fully capable of growing EMAK's
business and creating value for all shareholders. This lawsuit,
therefore, should be withdrawn so as not to burden management with
unnecessary distractions."
EMAK’s CEO Jim Holbrook added, “It is also lamentable that Kurz feels
the need to continue to attack the Company that he failed when he was
its CEO. He has cost EMAK and its shareholders well over a million
dollars in legal fees since his departure, hard-earned money that would
have been much better spent investing in our growth areas. We look
forward to this ridiculous suit being dismissed in the near future.”
About EMAK Worldwide, Inc.
EMAK Worldwide, Inc. is the parent company of a family of marketing
services agencies including Equity Marketing, Logistix, Neighbor and
Upshot. Its agencies are experts in “consumer activation” by offering
strategy-based marketing programs that directly impact consumer
behavior. The agencies provide strategic planning and research, consumer
insight development, entertainment marketing, design and manufacturing
of custom promotional products, kids marketing, event marketing, shopper
marketing and environmental branding. The Company’s blue-chip clients
include Kellogg, Kohl’s, Kraft, Macy’s, Procter & Gamble and Safeway,
among others. Headquartered in Los Angeles, EMAK has offices in Chicago
and Hong Kong. More information about EMAK Worldwide is available on the
Company’s website at www.emak.com.
Certain expectations and projections regarding the future performance
of EMAK Worldwide, Inc. discussed in this news release are
forward-looking and are made under the “safe harbor” provisions of the
Private Securities Litigation Reform Act of 1995. These
expectations and projections are based on currently available
competitive, financial and economic data along with the Company’s
operating plans and are subject to future events and uncertainties. Management
cautions the reader that the following factors, among others, could
cause the Company’s actual consolidated results of operations and
financial position in 2009 and thereafter to differ significantly from
those expressed in forward-looking statements: the Company’s
dependence on a single customer; the significant quarter-to-quarter
variability in the Company’s revenues and net income; the Company’s
dependence on the popularity of licensed entertainment properties and
the ability to license, develop and market new products; the Company’s
dependence on foreign manufacturers; the Company’s need for additional
working capital; the negative results of litigation, governmental
proceedings or environmental matters; and the potential negative impact
of past or future acquisitions. The Company undertakes no
obligation to publicly release the results of any revisions to
forward-looking statements, which may be made to reflect events or
circumstances after the date hereof or to reflect the occurrence of
unanticipated events. The risks highlighted herein should not be
assumed to be the only items that could affect the future performance of
the Company.
Source: EMAK Worldwide, Inc.
At EMAK Worldwide, Inc.:
Media and investor inquiries:
Jim
Holbrook, Chief Executive Officer
323-932-4068