UPDATE 5/7/10

On February 20, 2009, Outten & Golden filed suit against Qimonda North America Corp., and Qimonda Richmond, LLC seeking to recover 60 days wages and benefits under the Worker Adjustment and Retraining Notification Act (the WARN Act) and the California WARN Act. We contend Qimonda ordered mass layoffs on or about February 4, 2009 without providing the employees with advance written notice. The suit also includes claims based on employees' entitlements to severance, and is currently pending in United States Bankruptcy Court for the District of Delaware. We are litigating claims as well against parent entities Qimonda AG and Infineon Technologies North America, which are in the preliminary stage in the United States District Court for the District of Delaware.

The Court certified the WARN class on April 6, 2010 and notice of the suit was mailed to the members of the class on April 22, 2010. The parties continue to engage in discovery.

Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her.

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OUTTEN & GOLDEN LLP
3 Park Avenue, 29th Floor
New York, New York 10016
Toll Free 1-877-4-OUTTEN
Telephone: 212-245-1000
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