(Source: MARKETWIRE)

Gilman and Pastor LLP filed a class action lawsuit on September 21,
2009 in the United States District Court for the District of
Maryland, on behalf of Plaintiffs and all persons who purchased or
otherwise acquired shares in the following ProShares Funds:
UltraShort Real Estate Fund (AMEX: SRS)
UltraShort Financials (AMEX: SKF)
UltraShort Oil and Gas (AMEX: DUG)
Ultra Financials (AMEX: UYG)
UltraShort S&P 500 (AMEX: SDS)
UltraShort Emerging Markets (AMEX: EEV)
UltraShort FTSE/Xinhua (AMEX: FXP)
UltraShort DJ - AIG - Crude Oil (AMEX: SCO)
(collectively hereinafter referred to as the "ProShares Funds")
The ProShares Funds are exchange-traded funds ("ETF") offered by
ProShares Trust ("ProShares") and Plaintiffs and class members were
damaged pursuant or traceable to ProShares' false and misleading
Registration Statement, Prospectuses, and Statements of Additional
Information (collectively, the "Registration Statement"). The
Plaintiffs seek a Class and Subclasses for each of the Funds
purchased by the Plaintiff. The Class is seeking recovery for
investors under Sections 11 and 15 of the Securities Act of 1933 (the
"Securities Act").
If you bought shares in any of the ProShares Funds and would like to
consider serving as lead plaintiff or have any questions about the
lawsuit, please contact Kenneth G. Gilman, Esq. of Gilman and Pastor,
at (888) 252-0048, or via email at kgilman@gilmanpastor.com. Lead
Plaintiff motion papers must be filed with the U.S. District Court for
the District of Maryland by the following deadlines:
October 5, 2009 ProShares SRS and SKF Funds
November 4, 2009 ProShares EEV Fund
November 24, 2009 ProShares DUG, UYG, SDS, FXP, SCO Funds
A Lead Plaintiff is a court-appointed representative for absent class
members. You do not need to seek appointment as Lead Plaintiff to
share in any class recovery in this action. If you are a class
member and there is a recovery for the class, you can share in that
recovery as an absent class member. You may retain counsel of your
choice to represent you in this action.
If you are a member of this class you can view a copy of the
complaint and join this class action online at
http://www.proshares-lawsuit.com.
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 sold its SRS, SKF, DUG, UYG,
SDS, EEV, FXP, and SCO Funds as "simple" directional plays. The
Funds correspond to twice the inverse (-200%) daily performance or
twice the performance of a designated benchmark Index.
The complaint alleges the Defendants violated the Securities Act by
failing to disclose that the Funds are altogether defective as a
securities product and as directional investment play. Defendants
failed to disclose the following risks in the Registration Statement:
(1) accurate correlation between the ProShares Funds and the
applicable benchmark Index could not happen and would inevitably
diverge from the performance of the applicable Index -- i.e., the
probability, if not certainty, of spectacular tracking error; (2) the
adverse mathematical compounding and high market volatility on the
Funds' investment objective and performance; (3) the ProShares Funds
cause dislocations in the stock market; and (4) the ProShares Funds
were marketed as a seemingly straightforward way to obtain desired
results, but such results were not attainable through the ProShares
Funds.
Plaintiffs are represented by the law firm Gilman and Pastor LLP.
Gilman and Pastor LLP is one of the country's premier national law
firms that represent institutional and individual investors in class
action, complex securities and corporate governance litigation. The
firm has been a champion of investor rights for over 30 years and has
been recognized for its reputation for excellence by the courts.
CONTACT:
Kenneth G. Gilman, Esq.
Attorney
Gilman and Pastor, LLP
28100 Bonita Grande Drive
Suite 105
Bonita Springs, FL 34135
kgilman@gilmanpastor.com
(888) 252-0048
(239) 221-8274 Fax
www.gilmanpastor.com
SOURCE: Gilman and Pastor LLP
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