Lawsuit Overview
September 7, 2016 - The court granted defendants' motion to dismiss and closed the case.
October 26, 2015 - Defendants filed a motion to dismiss.
August 3, 2015 - The lead plaintiff filed an amended complaint on behalf of investors who purchased International Business Machines Corp (NYSE: IBM) common shares between January 22, 2014 and October 17, 2014. The lead plaintiff alleges that the defendants violated the Securities Exchange Act of 1934 by issuing false and misleading statements between January 22, 2014 and October 17, 2014.
June 4, 2015 - Lead plaintiff and lead counsel were appointed.
May 1, 2015 - Lead plaintiff motions were filed.
April 17, 2015 - Cases were accepted as related.
April 8, 2015 - The plaintiff, who filed the first complaint, filed a notice of voluntary dismissal without prejudice.
April 1, 2015 - Another investor filed a complaint.
March 2, 2015 - An investor in shares of International Business Machines Corp (NYSE: IBM) filed a lawsuit in the U.S. District Court for the Southern District of New York over alleged violations of Federal Securities Laws by International Business Machines Corp in connection with certain allegedly false and misleading statements made between.
According to the complaint the plaintiff alleges on behalf of purchasers of International Business Machines Corp (NYSE: IBM) common shares between April 17, 2014 and October 17, 2014, that the defendants violated Federal Securities Laws.
More specifically, the plaintiff claims that between April 17, 2014 and October 17, 2014 defendants issued allegedly false and misleading statements and/or allegedly omitted adverse facts regarding the true value of International Business Machines Corp’s micro-chip manufacturing operations, known as its Microelectronics business.
The plaintiff alleges that defendants failed to record an impairment in the value of International Business Machines Corp’s Microelectronics business in conformity with applicable accounting standards, which allegedly materially inflated International Business Machines Corp’s earnings between April 17, 2014 and October 17, 2014 and rendered International Business Machines Corp’s 2014 earnings guidance materially false and misleading.
The plaintiff says that defendants’ statements and/or omissions between April 17, 2014 and October 17, 2014 caused NYSE: IBM’s common stock to trade at artificially inflated prices, reaching a high of over $196 per share.
On October 20, 2014, International Business Machines Corp announced that International Business Machines Corp and GLOBALFOUNDRIES have signed an agreement under which GLOBALFOUNDRIES plans to acquire International Business Machines Corp’s global commercial semiconductor technology business, including intellectual property, world-class technologists and technologies related to IBM Microelectronics, subject to completion of applicable regulatory reviews. International Business Machines Corp said that it will reflect a pre-tax charge of $4.7 billion in its financial results for the third quarter of 2014, which includes an asset impairment, estimated costs to sell the IBM microelectronics business, and cash consideration to GLOBALFOUNDRIES. Cash consideration of $1.5 billion is expected to be paid to GLOBALFOUNDRIES by IBM over the next three years.
The plaintiff says that defendants also updated International Business Machines Corp’s 2014 guidance, stating that rather than the Company’s earlier guidance of $18 per share, operating earnings per share for 2014 would decline between 2% and 4% compared to $16.64 per share in 2013.
International Business Machines Corp reported that its annual Total Revenue declined from over $98.36 billion in 2013 to over $92.79 billion in 2014 and that its respective Net Income declined from over $16.48 billion in 2013 to over $12.02 billion in 2014.
Shares of International Business Machines Corp (NYSE: IBM) declined from $214.92 per share in March 2013 to as low as $151.41 per share in December 2014.
On March 2, 2015, NYSE: IBM shares closed at $160.48 per share.