November 4, 2019 - An investor in shares of Bloom Energy Corporation (NYSE: BE) filed a lawsuit in the U.S. District Court for the Northern District of California over alleged violations of Federal Securities Laws by Bloom Energy Corporation in connection with certain allegedly false and misleading statements.

San Jose, CA based Bloom Energy Corporation designs, manufactures, and sells solid-oxide fuel cell systems for on-site power generation. In July 2018, Bloom Energy Corporation completed its initial public offering (the IPO ), issuing approximately 18 million shares of common stock priced at $15 per share and raising approximately $284.3 million in net proceeds.

On November 5, 2018, Bloom Energy Corporation announced that it had delivered only 206 system deployments (i.e., acceptances ) for the quarter, significantly below even the low end of its previously provided guidance of 215 to 235 acceptances. In addition, the Company provided guidance of only 225 to 275 acceptances for the fourth quarter of 2018, well below the more than 300 acceptances that analysts expected.

On February 5, 2019, Bloom Energy Corporation announced its fourth quarter and full year 2018 financial results. Bloom Energy Corporation reported that its annual Total Revenue rose from $375.99 million in 2017 to $742.03 million in 2018 and that Net Loss declined from $262.59 million in 2017 to $241.75 million in 2018.

On September 17, 2019, before the market opened, a report was published entitled “Bloom Energy: A “Clean” Energy Darling Wilting to its Demise” (the “Report”). The Report claimed that it had uncovered an estimated $2.2 billion in undisclosed servicing liabilities, and that Bloom’s technology was “not sustainable, clean, green or remotely profitable” despite Bloom’s claims to the contrary. Shares of Bloom Energy Corporation (NYSE: BE) declined from as high as $36.59 per share in September 2018 to as low as $2.44 per share on October 25, 2019.

According to the complaint the plaintiff alleges that the defendants violated Federal Securities Laws.

More specifically, the plaintiff claims that the defendants in the Registration Statement that was issued in connection with Bloom’s July 2018 initial public stock offering and between July 26, 2018 and September 16, 2019 made false and/or misleading statements and/or failed to disclose that Bloom’s technology produced emissions comparable to that a modern natural gas plant, that Bloom’s estimates of useful life for its energy servers and fuel cells were inaccurate, that Bloom used misleading accounting to mask the effect of future servicing expenses, that consequently, Bloom will potentially be liable for up to $2.2 billion in undisclosed servicing liabilities, and that as a result, defendants’ statements about its business, operations, and prospects, were materially false and misleading and/or lacked a reasonable basis at all relevant times.