Case Page

 

Case Status:    DISMISSED    
On or around 09/09/2014 (Other)

Filing Date: January 08, 2014

According to the law firm press release, Barnes & Noble is a New York City-based retailer of books and digital media and digital media devices, including its Nook e-book reader and accessories launched in 2009.

The complaint alleges that during the Class Period, Barnes & Noble issued materially false and misleading statements regarding the Company’s financial performance and future business prospects. Specifically, the complaint alleges that defendants misrepresented or failed to disclose that: (i) Barnes & Noble’s Nook e-book reader sales had dramatically declined; (ii) the Company would shutter its Nook manufacturing operations altogether; (iii) the carrying value of the Nook assets were impaired by millions of dollars; (iv) the carrying value of the Nook inventory was overstated by $133 million; (v) the Company was expecting fiscal 2014 retail losses in the high single digits; (vi) Barnes & Noble had over-accrued certain accounts receivables; (vii) Barnes & Noble was unable to provide timely audited financial results for fiscal 2013; and (viii) the Company might be forced to restate its previously reported financial results.

The complaint further alleges that following the July 8, 2013 resignation of Barnes & Noble’s Chief Executive Officer and a July 29, 2013 earnings restatement, on August 20, 2013, Barnes & Noble disclosed much worse company-wide financial results for its first quarter 2014 than the market had been led to expect, including lower sales and losses that more than doubled from the first quarter of 2013. Barnes & Noble also disclosed that the Company’s Chairman had placed on hold his previous bid to take the Company’s bookstore business private. On this news, the Company’s stock price fell more than $2 per share, or approximately 12%.

Then, on December 5, 2013, Barnes & Noble disclosed in a filing with the SEC that it had been notified on October 16, 2013 that the SEC had commenced an investigation into Barnes & Noble’s past accounting, including its decision to restate earnings for fiscal 2011 and fiscal 2012. Barnes & Noble also disclosed that the SEC was looking into a former employee’s allegations that Barnes & Noble had improperly allocated “certain information technology expenses” between its Nook and consumer bookstore groups in its financial reporting. The filing also disclosed that after a review of Barnes & Noble’s deferred tax assets and liabilities, it had “concluded” that a deferred tax liability should be reversed. On this news, the price of the Company’s stock declined again, falling almost $2 per share, or 12%, when trading resumed on December 6, 2013.

On July 16, 2014, the Court issued an Order consolidating actions, appointing lead plaintiff, and approving the selection of lead counsel.

On September 5, 2014, the Lead Plaintiff filed a notice that they are dismissing all claims against the Defendants and voluntarily dismissing this case with prejudice.

COMPANY INFORMATION:

Sector: Services
Industry: Retail (Specialty)
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: BKS
Company Market: New York SE
Market Status: Public (Listed)

About the Company & Securities Data


"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: S.D. New York
DOCKET #: 14-CV-00108
JUDGE: Hon. Wood
DATE FILED: 01/08/2014
CLASS PERIOD START: 02/25/2013
CLASS PERIOD END: 12/05/2013
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Holzer & Holzer, LLC
    1117 Perimeter Center West, Suite E-107, Holzer & Holzer, LLC, GA 30338
    770.392.0090 770.392-0029 · mfistel@holzerlaw.com
  2. Robbins Geller Rudman & Dowd LLP (Melville)
    58 South Service Road, Suite 200, Robbins Geller Rudman & Dowd LLP (Melville), NY 11747
    631.367.7100 631.367.1173 ·
No Document Title Filing Date