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Pomerantz Law Firm Announces the Filing of a Class Action Against Plug Power Inc. and Certain Officers - PLUG

Fighting for victims of securities fraud for more than 85 years (PRNewsfoto/Pomerantz LLP)

News provided by

Pomerantz LLP

Mar 05, 2026, 16:57 ET

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NEW YORK, March 5, 2026 /PRNewswire/ -- Pomerantz LLP announces that a class action lawsuit has been filed against Plug Power Inc. ("Plug Power" or the "Company") (NASDAQ: PLUG) and certain officers. The class action, filed in the United States District Court for the Northern District of New York, and docketed under 26-cv-00165, is on behalf of a class consisting of all persons and entities other than Defendants that purchased or otherwise acquired Plug Power securities between January 17, 2025 and November 13, 2025, both dates inclusive (the "Class Period"), seeking to recover damages caused by Defendants' violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, against the Company and certain of its top officials.

If you are an investor who purchased or otherwise acquired Plug Power securities during the Class Period, you have until April 3, 2026, to ask the Court to appoint you as Lead Plaintiff for the class. A copy of the Complaint can be obtained at www.pomerantzlaw.com. To discuss this action, contact Danielle Peyton at [email protected] or 646-581-9980 (or 888.4-POMLAW), toll-free, Ext. 7980. Those who inquire by e-mail are encouraged to include their mailing address, telephone number, and the number of shares purchased.

[Click here for information about joining the class action]

Plug Power provides hydrogen fuel cell turnkey solutions for the electric mobility and stationary power markets in North America and Europe, including hydrogen storage and production equipment or the delivery of hydrogen fuel, and develops infrastructure such as hydrogen production plants.

At all relevant times, Plug Power represented that it is "committed to building a network [of hydrogen production plants] across the United States".

Supporting Plug Power's operations and building out a network of hydrogen production plants required significantly more capital than the Company had available. Accordingly, as of early 2021, Plug Power began the process of applying for a loan through the U.S. Department of Energy's ("DOE") Loan Program's Office ("LPO"). On January 16, 2025, in the closing days of former U.S. President Joe Biden's administration, Plug Power announced it had "closed a $1.66 billion loan guarantee" from the U.S. DOE's LPO (the "DOE Loan"), a multi draw term loan facility by way of a series of advances subject to the achievement of certain conditions. Plug Power said that the DOE Loan "will help finance the construction of up to six projects to produce and liquefy zero- or low-carbon hydrogen at scale throughout the United States," and further stated that the first project to benefit from this financing would be its green hydrogen plant located in Graham, Texas. 

Approval and funding of disbursements under the DOE Loan were subject to the satisfaction of certain conditions precedent, including, but not limited to, evidence of satisfaction of certain technical and performance related conditions precedent, adequate project funding, reports from certain technical consultants and advisors, and the receipt of certain errata financial models demonstrating compliance with the financial covenants set for in the DOE Loan. Further, the DOE Loan advances could only be used to pay for eligible costs associated with the qualifying projects, i.e., the construction of six projects to produce and liquefy zero- or low-carbon hydrogen at scale for which DOE granted the DOE Loan.

The Complaint alleges that, throughout the Class Period, Defendants made materially false and misleading statements regarding the Company's business, operations, and compliance policies. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) Defendants had materially overstated the likelihood that funds attributed to the DOE Loan would ultimately become available to Plug Power, and/or that Plug Power would ultimately construct the hydrogen production facilities necessary to receive those funds; (ii) as such, Plug Power was likely to pivot toward more modest projects with less commercial upside; and (iii) as a result, the Company's public statements were materially false and misleading at all relevant times.

On October 7, 2025, Plug Power issued a press release and filed a current report on Form 8-K with the United States Securities and Exchange Commission ("SEC") announcing that Defendant Andrew Marsh would step down from his role as the Company's Chief Executive Officer, "effective as of the date [Plug Power] files its [2025] Annual Report", and that Sanjay Shrestha would step down from his role as the Company's President, "effective as of October 10, 2025[.]" Plug Power concurrently announced the appointment of Chief Revenue Officer Jose Luis Crespo to both roles. The abrupt departure of two key executives just one month before the expected issuance of Plug Power's financial and operating results for the third quarter plainly did not bode well for the Company.

On this news, Plug Power's stock price fell $0.26 per share, or 6.29%, to close at $3.87 per share later that day.

Then, on November 10, 2025, Plug Power issued a press release reporting its financial results for the quarter ended September 30, 2025, and filed a quarterly report on Form 10-Q with the SEC that reported the same. That same day, Plug Power held a related conference call to discuss those results. During the call, Defendants announced that they expected to generate more than $275 million in liquidity after signing a nonbinding letter of intent to monetize their electricity rights in New York and one other location in partnership with a major U.S. data center developer, and that "[a]s a result, we have suspended activities under the DOE loan program, allowing us to redeploy capital". This represented a significant pivot for Plug Power. Defendants had not previously discussed the possibility of suspending activities under the DOE Loan and during the Class Period, and, just eight months earlier, had specifically advised analysts that they should "not expect revenue from that segment [i.e., data center power generation] of any size over the next two to three years".

On this news, Plug Power's stock price fell $0.09 per share, or 3.39%, to close at $2.53 per share on November 11, 2025.

Then, during market hours on November 13, 2025, The Washington Examiner reported that Plug Power "confirmed . . . that it suspended activities" on "its plans to construct six facilities to produce and liquefy zero or low-carbon hydrogen, putting at risk" the $1.66 billion DOE Loan it closed in January. 

On this news, Plug Power's stock price fell $0.48 per share, or 17.58%, over the following two trading sessions, to close at $2.25 per share on November 14, 2025.

Pomerantz LLP, with offices in New York, Chicago, Los Angeles, London, Paris, and Tel Aviv, is acknowledged as one of the premier firms in the areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz, known as the dean of the class action bar, Pomerantz pioneered the field of securities class actions. Today, more than 85 years later, Pomerantz continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of fiduciary duty, and corporate misconduct. The Firm has recovered billions of dollars in damages awards on behalf of class members. See www.pomlaw.com. 

Attorney advertising. Prior results do not guarantee similar outcomes. 

CONTACT:
Danielle Peyton
Pomerantz LLP
[email protected]
646-581-9980 ext. 7980

SOURCE Pomerantz LLP

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