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Stanford Law School


CommonWealth REIT
Summary: The complaint alleges that, during the Class Period, defendants issued materially false and misleading statements regarding the Company’s financial performance and future prospects. Specifically, defendants misrepresented and/or failed to disclose the following adverse facts: (a) that the Company was experiencing softness in the leasing market as the number of leased office spaces, especially in the Company’s suburban office segment, was below internal expectations; (b) that existing tenants were demanding and receiving significant concessions, which was further eroding the Company’s rental income; and (c) as a result of the foregoing, defendants lacked a reasonable basis for their positive statements about the Company’s leverage ratio, occupancy rate and dividend payout.

On August 8, 2012, the Company announced its financial results for the second quarter of 2012, the period ended June 30, 2012. Following the earnings press release, CommonWealth held a conference call with analysts and investors. During the conference call, defendant Adam D. Portnoy, the Company’s President and Managing Trustee, stated that CommonWealth would likely reduce its dividend because, among other things, the Company’s cash available for distribution payout ratio had increased to 108%. Moreover, the Company revealed that its occupancy rate fell to 84.5%, as of June 30, compared to 84.8% on March 31. In reaction to these announcements, the price of CommonWealth common shares fell $1.57 per share, or 9%, to close at $16.48 per share. The price of the Company’s shares continued to decline over the next two trading days to $15.67 per share as the market digested this news.

On October 9, 2012, CommonWealth announced its quarterly common and preferred dividends. In that regard, defendants announced a common dividend of $0.25 per common share – a 50% reduction from the Company’s previous dividend rate.

On May 20, 2013, the Court issued an Electronic Order appointing lead plaintiff and approving the selection of lead counsel.

INDUSTRY CLASSIFICATION:
SIC Code: 6798
Sector: Services
Industry: Real Estate Operations


COMPANY/ISSUER NAME: Commonwealth REIT
COMPANY/ISSUER TICKER: CWH
COMPANY WEBSITE: http://www.cwhreit.com/

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
David Young, et al. v. Commonwealth REIT, et al.
 COURT: D. Massachusetts  DOCKET NUMBER: 12-CV-12405
 JUDGE NAME: Hon. Denise J. Casper
 DATE FILED: 12/27/2012  SOURCE: 
 CLASS PERIOD START: 01/10/2012  CLASS PERIOD END: 08/08/2012
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Block & Leviton LLP
      155 Federal Street, Suite 1303, Boston, MA, 02110
       (voice) (617) 398-5600, (fax) (617) 507-6020,
  • Robbins Geller Rudman & Dowd LLP (Melville)
      58 South Service Road, Suite 200, Melville, NY, 11747
       (voice) 631.367.7100, (fax) 631.367.1173,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint
    Type: Complaint Date on the document: 12/27/2012
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 05/20/2013

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

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