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Stanford Law School


Hewlett-Packard Company
Summary: According to a press release dated September 13, 2011, the Company and certain of its officers and directors with violations of the Securities Exchange Act of 1934.

The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company’s business and financial results. As a result of defendants’ false statements, the Company’s stock traded at artificially inflated prices during the Class Period, reaching a high of $48.99 per share on February 16, 2011.

In July 2010, the Company completed its acquisition of a provider of smartphones for $1.2 billion. During the Class Period, defendants represented that spartphone operating system was going to play an integral role in the Company’s strategy going forward, including running on a new line of tablet personal computers as well as on all of the Company’s PCs by 2012.

Then, on August 18, 2011, the Company announced disappointing third quarter fiscal 2011 financial results and issued revised guidance for fiscal year 2011. In addition, it announced several major shifts in its long-term business model, including that it “will discontinue operations for [smartphone operating system] devices....” As news began to leak into the market, on August 18, 2011, the Company’s stock declined $1.88 per share, to close at $29.51 per share. The next day, stock price fell to its lowest level in 6 years, trading as low as $22.75 per share before closing at $23.60.

According to the complaint, the true facts, which were known by the defendants but concealed from the investing public during the Class Period, were as follows: (a) the Company’s business model was not working, as the Company was unable to leverage its extensive portfolio and scale of products and services in a strategically beneficial manner; (b) the smartphone operating system devices’ and the PC business were not central to the Company’s business model and operating system would not be integrated across the Company’s entire product line; (c) the tablet hardware was inefficient, limiting the degree of effectiveness of the operating system; and (d) based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company’s turnaround, revenue growth rates, market share, new product introductions, diluted EPS, and the Company’s ability to deliver upon its long-term growth model.

On December 19, 2011, the Court issued an order appointing lead plaintiff and approving the selection of lead counsel.

On February 10, 2012, plaintiffs filed an amended complaint.

On August 29, 2012, the Court issued an Order granting Defendants' motion to dismiss. Plaintiffs were given leave to file an amended complaint. On October 19, 2012, the Plaintiffs filed their amended complaint.

INDUSTRY CLASSIFICATION:
SIC Code: 3570
Sector: Technology
Industry: Computer Hardware


COMPANY/ISSUER NAME: Hewlett-Packard Company
COMPANY/ISSUER TICKER: HPQ
COMPANY WEBSITE: www.hp.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Richard Gammel, et al. v. Hewlett-Packard Company, et al.
 COURT: C.D. California  DOCKET NUMBER: 11-CV-01404
 JUDGE NAME: Hon.Andrew J. Guilford
 DATE FILED: 09/13/2011  SOURCE: 
 CLASS PERIOD START: 11/22/2010  CLASS PERIOD END: 08/18/2011
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Law Office of Marc S. Henzel
      , Marion Station, ,
       (voice) , (fax) ,
  • Robbins Geller Rudman & Dowd LLP (San Diego)
      655 West Broadway, Suite 1900, San Diego, CA, 92101
       (voice) 619.231.1058, (fax) 619.231.7423,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Complaint for Violation of the Federal Securities Laws
    Type: Complaint Date on the document: 09/13/2011
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 09/13/2011
    U.S. District Court Civil Docket
    Type: Other Date on the document: 11/21/2011
    [In Chambers] Order Re Motions For Appointment As Lead Plaintiffs And For Approval Of Counsel
    Type: Order Date on the document: 12/19/2011
    First Amended Class Action Complaint for Violations of the Federal Securities Laws
    Type: Complaint Date on the document: 02/10/2012
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 03/28/2012

    REFERENCE COMPLAINT
    Richard Gammel, et al. v. Hewlett-Packard Company, et al.
     COURT: C.D. California  DOCKET NUMBER: 11-CV-01404
     JUDGE NAME: 
     DATE FILED: 02/10/2012  SOURCE: 
     CLASS PERIOD START: 11/22/2010  CLASS PERIOD END: 08/18/2011
     TYPE OF COMPLAINT: First Amended
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Labaton Sucharow & Rudoff LLP
      100 Park Avenue, 12th Floor, New York, NY, 10017
       (voice) 212.907.0700, (fax) 212.818.0477 , info@labaton.com
  • Motley Rice LLC (Mount Pleasant)
      28 Bridgeside Boulevard, Mount Pleasant, SC, 29464
       (voice) 843.216.9000, (fax) 843.216.9450, inquiry@motleyrice.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Order Granting Motions To Dismiss
    Type: Order Date on the document: 08/29/2012
    Order Granting Motions To Dismiss
    Type: Order Date on the document: 09/25/2012
    Second Amended Class Action Complaint for Violations of the Federal Securities Laws
    Type: Complaint Date on the document: 10/19/2012
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 10/20/2012

     OTHER DOCUMENTS
    Case Name and/or Number: 
    Type:  Date on the document: 

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