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Stanford Law School


Canadian Solar Inc.
Summary: According to a press release dated June 4, 2010, the complaint was filed in the United States District Court for the Southern District of New York against Canadian Solar and certain of its officers and directors for violations of federal securities laws. The complaint alleges that throughout the Class Period defendants made false and/or misleading statements and/or failed to disclose: (1) that with respect to sales to certain customers, it was uncertain whether the Company would receive full cash payments; (2) that certain goods were subsequently returned after the quarter end; (3) that, as a result, the Company's financial results were overstated during the Class Period; (4) that the Company lacked adequate internal and financial controls; and (5) that, as a result of the above, the Company's financial statements were materially false and misleading at all relevant times.

On June 1, 2010, after the market closed, the Company disclosed that it was postponing the release of its full financial results for the first quarter ended March 31, 2010, as a result of the commencement of an investigation by the Audit Committee of the Company's Board of Directors. The Company disclosed that the investigation was launched after it received a subpoena from the United States Securities and Exchange Commission requesting documents relating to, among other things, certain sales transactions in 2009. The Company also disclosed that it may revise its net revenues numbers for the 2009 fiscal fourth quarter.

The next day, as a result of this news, shares of Canadian Solar declined $1.69 per share, or 14.25%, to close on June 2, 2010, at $10.17 per share, on unusually heavy volume.

Similar, purported class action complaints have been filed in the U.S. District Courts for the Southern District of New York and the Northern District of California.

According to the Opinion signed by Judge Robert W. Sweet on December 22, 2010, the CSIQ Investor Group is appointed to serve as lead plaintiff, Hagens Berman Sobol Shapiro LLP is appointed lead counsel, Harry Tabak is appointed co-lead plaintiff and Berger & Montague, P.C., and Klafter Olsen & Lesser LLP are appointed co-lead counsel. Six putative class actions are also consolidated under a single action. On March 11, 2011, the lead plaintiffs filed a Consolidated Class Action Complaint. The defendants have responded by filing a motion to dismiss on May 13, 2011. The motion is currently pending before the Court.

On March 30, 2012, the Court issued the Opinion granting defendants' motion to dismiss. The complaint was dismissed with leave granted to replead within 20 days. On April 19, 2012, plaintiffs filed their amended complaint.

On March 27, 2013, the Court issued an Opinion granting the Defendants' motion to dismiss with prejudice. On April 26, Plaintiffs filed Notice of their appeal of the above Opinion.

INDUSTRY CLASSIFICATION:
SIC Code: 3674
Sector: Technology
Industry: Semiconductors


COMPANY/ISSUER NAME: Canadian Solar Inc.
COMPANY/ISSUER TICKER: CSIQ
COMPANY WEBSITE: http://www.canadian-solar.com/

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Labib Janbay, et al. v. Canadian Solar Inc., et al.
 COURT: S.D. New York  DOCKET NUMBER: 10-CV-04430
 JUDGE NAME: Hon. Robert W. Sweet
 DATE FILED: 06/03/2010  SOURCE: 
 CLASS PERIOD START: 03/03/2010  CLASS PERIOD END: 06/01/2010
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Glancy Binkow & Goldberg LLP (Los Angeles)
      1801 Ave. of the Stars, Suite 311, Los Angeles, CA, 90067
       (voice) 310.201.915, (fax) 310. 201-916, info@glancylaw.com
  • Law Offices of Howard G. Smith
      3070 Bristol Pike, Suite 112, Bensalem, PA, 19020
       (voice) 215.638.4847, (fax) 215.638.4867,
  • Murray, Frank & Sailer LLP
      275 Madison Ave 34th Flr, New York, NY, 10016
       (voice) 212.682.1818, (fax) 212.682.1892, email@murrayfrank.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  3

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint Violation of the Federal Securities Laws - Jury Trial Demanded
    Type: Complaint Date on the document: 06/03/2010
    Opinion
    Type: Order of Consolidation Date on the document: 12/22/2010

    REFERENCE COMPLAINT
    Labib Janbay, et al. v. Canadian Solar Inc., et al.
     COURT: S.D. New York  DOCKET NUMBER: 10-CV-04430
     JUDGE NAME: 
     DATE FILED: 03/11/2011  SOURCE: 
     CLASS PERIOD START: 05/26/2009  CLASS PERIOD END: 06/01/2010
     TYPE OF COMPLAINT: Consolidated Complaint
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Berger & Montague PC
      1622 Locust Street, Philadelphia, PA, 19103
       (voice) 800.424.6690, (fax) 215.875.4604, investorprotect@bm.net
  • Hagens Berman Sobol Shapiro LLP (Berkeley)
      715 Hearst Avenue, Suite 202, Berkeley, CA, 94710
       (voice) 510.725.3000, (fax) 510.725.3000, info@hbsslaw.com
  • Hagens Berman Sobol Shapiro LLP (New Seattle)
      1918 Eighth Ave. Suite 3300, Seattle, WA, 98101
       (voice) 206.623.7292, (fax) 206.623.0594,
  • Hagens Berman Sobol Shapiro LLP (New York)
      One Penn Plaza, 36th Floor, New York, NY, 01119
       (voice) 212.752.5455, (fax) 212.752.5455, info@hbsslaw.com
  • Klafter Olsen & Lesser LLP (White Plains)
      1311 Mamaroneck Avenue, Suite 220, White Plains, NY, 10605
       (voice) 914.997.5656, (fax) 914.997.5656,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  5

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Consolidated Complaint For Violation Of The Federal Securities Laws
    Type: Complaint Date on the document: 03/11/2011
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 11/07/2011
    Opinion
    Type: Order Date on the document: 03/30/2012
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 03/30/2012
    Amended Consolidated Complaint for Violations of the Federal Securities Laws
    Type: Complaint Date on the document: 04/19/2012
    Opinion
    Type: Order Date on the document: 03/28/2013
    Judgment
    Type: Summary Judgment Date on the document: 03/29/2013
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 04/01/2013
    Notice of Appeal in a Civil Case
    Type: Notice Date on the document: 04/26/2013

     OTHER DOCUMENTS
    Complaint For Violation Of The Federal Securities Laws
    Case Name and/or Number: Rojwol Shrestha, et al. v. Canadian Solar, Inc. et al.
    Type: Complaint Date on the document: 06/21/2010
    Class Action Complaint - Jury Trial Demanded
    Case Name and/or Number: Morris Pedersen, et al. v. Canadian Solar Inc., et al.
    Type: Complaint Date on the document: 07/01/2010
    Class Action Complaint for Violations of Federal Securities Laws - Jury Trial Demanded
    Case Name and/or Number: Tom Lenda, et al. v. Canadian Solar Inc., et al.
    Type: Complaint Date on the document: 07/16/2010
    Declaration Of Kim Miller In Support Of Motion Of Lead Plaintiff Movant Qian Wang For Appointment Of Lead Plaintiff And Approval Of Selection Of Lead Plaintiff’s Choice Of Counsel
    Case Name and/or Number: Rojwol Shrestha, et al. v. Canadian Solar Inc., et al.
    Type: Declaration Date on the document: 08/02/2010
    Notice Of Motion And Motion Of Lead Plaintiff Movant Qian Wang For Appointment Of Lead Plaintiff And Approval Of Selection Of Lead Plaintiff’s Choice Of Counsel; Memorandum Of Points And Authorities In Support Thereof
    Case Name and/or Number: Rojwol Shrestha, et al. v. Canadian Solar Inc., et al.
    Type: Motion Date on the document: 08/02/2010
    Proposed Order Appointing Lead Plaintiff And Approving Lead Plaintiff's Selection Of Lead Counsel
    Case Name and/or Number: Rojwol Shrestha, et al. v. Canadian Solar Inc., et al.
    Type: Order Date on the document: 08/02/2010

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