Important Information Regarding Section 20(a) Individual Liability Claims
The lawsuit aims to hold Fluence Energy’s CEO, Julian Jose Nebreda Marquez, and CFO, Ahmed Pasha, personally liable as control persons for fiscal 2026 guidance statements that allegedly failed to disclose incomplete contract manufacturing facilities.
Key Information
Location: New York
Date: September 30, 2026
Company: Fluence Energy, Inc. (NASDAQ: FLNC)
Law Firm: Levi & Korsinsky, LLP
Levi & Korsinsky, LLP has alerted investors to potential Section 20(a) control person claims against the executives regarding fiscal 2026 guidance statements made between November 24, 2025, and September 16, 2026.
Share Decline: Fluence shares fell by $10.04, $1.02, and $1.39 across three disclosures within this timeframe.
Allegations Against Executives
The lawsuit claims:
- Both executives were at the top of Fluence’s disclosure chain.
- Statements issued under their authority did not disclose that the company’s backlog and guidance relied on unready manufacturing facilities.
Control Person Liability Under Section 20(a)
The lawsuit charges that both executives:
- Had control over SEC reports, press releases, and presentations.
- Received copies of the conflicted reports before issuance.
- Could prevent or correct inaccurate statements.
- Allegedly knew of material non-public information concerning production readiness.
Sarbanes-Oxley Certification Obligations
The lawsuit also challenges Fluence’s fiscal 2025 Form 10-K and subsequent quarterly reports for stating there were no material changes to disclosed risk factors.
Quote
Joseph E. Levi, Esq., states:
“Corporate officers have a duty to ensure their companies’ public statements are accurate and complete. This complaint alleges that Fluence’s two most senior officers reaffirmed a fiscal 2026 outlook while undisclosed facility problems allegedly undermined it.”
Frequently Asked Questions
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What court was the FLNC class action filed in?
- United States District Court for the Southern District of New York.
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Who are the defendants named in the lawsuit?
- Fluence Energy, Inc., Julian Jose Nebreda Marquez, and Ahmed Pasha.
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What is the lawsuit about?
- It involves allegations of materially false statements impacting share prices due to undisclosed production delays.
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What documents do I need to submit information?
- Brokerage statements showing purchase details and sale prices.
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Can I recover losses if I sold my FLNC shares?
- Yes, eligibility is based on purchase dates.
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Will I need to attend court?
- No, most class members do not appear in court.
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What is the cost to participate?
- There’s no upfront cost; cases are generally on a contingency fee basis.
Contact Information
Levi & Korsinsky, LLP
Joseph E. Levi, Esq.
Ed Korsinsky, Esq.
33 Whitehall Street, 27th Floor, New York, NY 10004
Email: Contact Email
Phone: (212) 363-7500
Fax: (212) 363-7171
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