Exhibit
99.1
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4350
Executive Drive, Suite 100 San Diego, CA
92121
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858-373-1600
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www.infosonics.com
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|
Company
Contact:
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IR
Contact:
|
|
Jeffrey
A. Klausner
|
Todd
Kehrli or Mary Magnani
|
|
Chief
Financial Officer
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MKR
Group, Inc.
|
|
(858)
373-1600
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(323)
468-2300
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|
ir@infosonics.com
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ifon@mkr-group.com
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INFOSONICS
REACHES COMPREHENSIVE SETTLEMENT IN
SECURITIES
CLASS ACTION AND DERIVATIVE LAWSUITS
Settlement
subject to court approval; InfoSonics admits no wrongdoing
SAN
DIEGO, CA, August 12, 2008 - InfoSonics
Corporation (NASDAQ: IFON), today announced that the Company reached a
settlement in both the securities class action lawsuit entitled
In
Re: InfoSonics Corporation Securities Litigation,
Lead
Case No. 06 CV 1231, and the derivative lawsuit entitled In
Re: InfoSonics Corporation Derivative Litigation,
Lead
Case No. 06 CV 1336; both cases pending in the United States District Court
for
the Southern District of California.
The
parties in these cases entered into Memorandums of Understanding (which will
be
followed by Stipulations of Settlement) regarding the settlement terms. These
settlements, which are subject to among other things preliminary and final
Court
approval after appropriate notice, would resolve all the claims in both
lawsuits. The Company settled these lawsuits to avoid the expense and continued
disruption to the business of protracted litigation and the Company and its
current and former officers and directors deny any liability or responsibility
for the claims made and make no admission of any wrongdoing.
As
part
of the settlements, and in exchange for dismissals of the lawsuits and releases,
in the securities class action the Company has agreed to authorize payment
of
$3.8 million (said sum to be inclusive of plaintiffs’ attorneys’ fees, in an
amount to be determined by the Court) and in the derivative action the Company
has agreed to make certain corporate governance changes and to authorize payment
of up to $350,000 for plaintiffs’ attorneys fees. It is anticipated that these
settlement payments will be funded entirely by the Company’s
insurer.
The
securities class action lawsuit relates to the Company’s restatement of first
quarter 2006 financial statements and claims relating to the Company’s
distribution of a former manufacturers’ cellular phone in the U.S. The
derivative lawsuit relates to the Company’s restatement of its first quarter
2006 financial statements and a grant of stock options in December 2005.
About
InfoSonics Corporation
InfoSonics
is one of the premier providers and distributors of wireless handsets and
accessories serving Latin America. For the wireless telecommunications industry,
InfoSonics provides flexible and cost effective solutions, including product
assembly, purchasing, marketing, selling, warehousing, order assembly,
programming, packing, shipping, and delivery. InfoSonics supports manufacturers
in moving their products to agents, resellers, distributors, independent
dealers, retailers and wireless network operators in Latin America. For
additional information, please visit www.infosonics.com.
Cautionary
Statement for the Purpose of the Safe Harbor Provisions of the Private
Securities Litigation Reform Act of 1995
Except
for the historical information contained herein, this press release contains
forward-looking statements. Such statements reflect management’s current
forecast of certain aspects of our future. You can identifiy most
forward-looking statements by forward-looking words such as “believe,” “think,”
“may,” “could,” “will,” “estimate,” “anticipate,” “intend,” “seek,” “plan,”
“expect,” “should,” “would” and similar expressions in this release. Such
statements are based on currently available information and are subject to
various risks, uncertainties and assumptions that could cause actual results
to
differ materially from those anticipated or implied in our forward-looking
statements. Such risks, uncertainties and assumptions include, among other
things: the satisfaction of various conditions to the memorandums of
understanding/ settlements, our ability to successfully agree on a stipulation
of settlement and finalize the settlement of the lawsuits, court approval of
and
dissemination of proper notice of court hearings regarding the settlement,
stockholders objections to the approval of the settlements, stockholders opting
out of the settlements, the court’s willingness to approve the settlements, an
appeal of the settlements, our insurance carrier’s payment of settlement amounts
in accordance with applicable agreements, future revenues, sales levels,
operating income and margins, wireless handset sales, stock-based compensation
expense, gain (loss) in value of derivatives, cost synergies, operating
efficiencies, profitability, market share and rates of return.
InfoSonics
has instituted in the past and continues to institute changes to its strategies,
operations and processes to address these risk factors and to mitigate their
impact on InfoSonics’ results of operations and financial condition. However, no
assurances can be given that InfoSonics will be successful in these efforts.
For
a further discussion of significant factors to consider in connection with
forward-looking statements concerning InfoSonics, reference is made to Item
1A
Risk Factors of InfoSonics’ Annual Report on Form 10-K for the year ended
December 31, 2007, and Quarterly Reports on Form 10-Q for the period ended
March
31, 2008; other risks or uncertainties may be detailed from time to time in
InfoSonics’ future SEC filings. InfoSonics does not intend to update any
forward-looking statements.
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