Lawsuit Overview
September 5, 2014 - The lead plaintiff filed a notice of voluntary dismissal with prejudice.
July 16, 2014 - The lead plaintiff and lead counsel were appointed and all cases were consolidated.
March 10, 2014 - A lead plaintiff motion was filed.
January 23, 2014 - Another investor filed a complaint in the U.S. District Court for the Southern District of New York on behalf of investors who purchased Barnes & Noble Inc (NYSE: BKS) common shares between June 27, 2012 and December 5, 2013.
January 8, 2014 - An investor in shares of Barnes & Noble Inc (NYSE: BKS) filed a lawsuit in the U.S. District Court for the Southern District of New York over alleged violations of Federal Securities Laws by Barnes & Noble Inc in connection with certain allegedly false and misleading statements made between February 25, 2013 and December 5, 2013.
According to the complaint the plaintiff alleges on behalf of all persons or entities who purchased or otherwise acquired securities of Barnes & Noble Inc (NYSE: BKS) between February 25, 2013 and December 5, 2013, that Barnes & Noble Inc and certain of its officers and directors violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.
More specifically, the plaintiff claims that the defendants allegedly misrepresented or failed to disclose that Barnes & Noble Inc’s Nook e-book reader sales had dramatically declined, that Barnes & Noble Inc would shutter its Nook manufacturing operations altogether, that the carrying value of the Nook assets were impaired by millions of dollars, that the carrying value of the Nook inventory was overstated by $133 million, that Barnes & Noble Inc was expecting fiscal 2014 retail losses in the high single digits, that Barnes & Noble Inc had over-accrued certain accounts receivables, that Barnes & Noble Inc was unable to provide timely audited financial results for fiscal 2013, and that Barnes & Noble Inc might be forced to restate its previously reported financial results.
Barnes & Noble Inc reported that its Total Revenue declined from over $7.12 billion for the 52 weeks period that ended on April 28, 2012 to over $6.83 billion for the 52 weeks period that ended on April 27, 2013 and that its respective Net Loss increased from $64.84 million to $157.81 million.
On June 26, 2013, Barnes & Noble Inc disclosed in a filing with the SEC that it would be unable to timely file its Form 10-K for the 2013 fiscal year and stated that the Company is currently in the process of evaluating certain prior year amounts, which may result in a revision to the financial statements. On July 12, 2013, the Company issued a press release disclosing that the Company’s Chief Executive had resigned.
Shares of Barnes & Noble Inc (NYSE: BKS) declined from $23.31 per share in May 2013 to as low as $12.83 per share in October 2013.
Then on December 5, 2013, Barnes & Noble Inc reported its financial results for the fiscal quarter that ended on October 26, 2013. Among other things, Barnes & Noble Inc disclosed that on October 16, 2013, the SEC’s New York Regional office notified Barnes & Noble Inc that it had commenced an investigation into Barnes & Noble Inc’s restatement of earnings announced on July 29, 2013, into a separate matter related to a former non-executive employee’s allegation that Barnes & Noble Inc improperly allocated certain Information Technology expenses between its NOOK and Retail segments for purposes of segment reporting.