Monday morning, mobile phone firm Motorola (MOT) found itself on the lips of lawyers and judges. The first reason is that a lawsuit commenced in the U.S. District Court for the Northern District of Illinois on behalf of MOT stock purchasers who made their purchase from December 6, 2007 through January 22, 2008.

The lawsuit alleges that Motorola and "certain of its officers and directors" violated federal securities laws by "intentionally and knowingly misstating the 2007 fourth quarter earnings projections and sales demands for the RAZR2 during the 2007 holiday shopping season." The suit states that Motorola's RAZR2 did not attract buyers thanks to its $299 price tag and the fact that it had not improved enough from the RAZR. Nevertheless, Motorola made positive statements all while losing "significant market share" to its competition. The defendants claim that Motorola senior execs knew that Motorola was not on track to hit their profit forecast of 12 cents to 14 cents per share, and would like a bit of compensation.

The new product turnaround at Motorola (NYSE: MOT) may already be crippled. One analyst, quoted by Bloomberg said, "The Razr 2 didn't set the world on fire and it won't be a phenomenon like the original one."

The cause of Motorola's problem with its newest product may be the Apple (NASDAQ: AAPL) iPhone, which appears to have sold more than two million units in the last quarter of 2007.

While the RAZR2 may be a better product than its predecessor, Apple, Nokia (NYSE: NOK), Samsung and Sony Ericsson have all introduced similar products to take advantage of the high-end multimedia handset space. Motorola may be squeezed out of a market it helped create.

With its shares trading just above $13, near a 52-week low, a weak fourth quarter earnings report could take the stock much closer to $10.

Douglas A. McIntyre is an editor at 247wallst.com.

Motorola, Inc. (NYSE: MOT) is set to release its latest quarterly earnings this week, and earnings are expected to be $0.04 per share according to analyst estimates. Although Motorola CEO Ed Zander has jettisoned about 10% of the company's global workforce and has finally introduced a true successor to the record-setting RAZR handset from 2004 (the RAZR 2), he may just be biding his time until he gets the boot.

When Motorola's time comes tomorrow, the company will most likely report a profit -- its first in three quarters. But does a small quarterly profit make for a legitimate comeback? Not at all. The first half of this year saw a $209 million loss for the largest cellphone maker in the U.S., and a profit (even a small one) this quarter will be the final opportunity for Zander to produce a return to consistent profitability by the end of 2007. If he does not show this, expect a resignation. For Carl Icahn, who has been critical of Zander, it would be sweet justice.

Although cutting costs is the top tool for Zander, improving sales and margins is much more important if he doesn't want to be seen as a leader who can't produce growth quarter by quarter. His days may or may not be limited, but by the end of 2007, the writing will be on the wall. Either Zander finds a way to grow sales and profit beyond cost cutting, or investors who want to unlock more value from the company will scream until he's ejected from the company.

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Motorola, Inc. (NYSE: MOT) rolled out some new handsets yesterday, as the cellphone manufacturer seeks to regain some of the magic that its iconic RAZR handset generated in 2004. Up front and center is the new RAZR 2 handset, which is the sequel to the RAZR, the best-selling wireless handset of all time. It will be carrying quite a bit of weight on its shoulders when released this summer. Can it rescue Motorola?

The original Motorola RAZR sold 50 million units in a staggeringly short period of time -- although half of that time the phone was being given away for free with long-term wireless contracts. as the phone grew old and plunged down the product lifecycle slide. Initially, the RAZR was priced at nearly $500 with a wireless contract, and surely the RAZR 2 will start there as well. But while the older RAZR re-defined the cellphone industry in terms of chic and style, the sequel may not have that panache, although it is loaded with futuristic features while being even slimmer than its predecessor. Is that enough?

Motorola needs another winner to get its house in order and sell as many higher-price handsets as it can to return to consistent profitability. Trying to get customers to shell out another $500 for the sequel to the most successful cellphone ever is not going to be easy, but it's something Motorola must do. If it fails (and we're standing here next year at this time with just a few RAZR 2 sales), Motorola CEO Ed Zander may need to put his resume on Monster.com (NASDAQ: MNST), even if Carl Icahn can no longer lobby for his dismissal.