Lawsuit Overview
June 15, 2015 - The case was consolidated with the first-filed case. The court ordered this case administratively closed and any pending dates, deadlines, and case schedules in that case are vacated.
April 21, 2015 - An investor in shares of Magnachip Semiconductor Corporation (NYSE: MX) filed a lawsuit in the U.S. District Court for the Northern District of California against Magnachip Semiconductor Corporation over alleged violations of Federal Securities Laws in connection with certain allegedly false and misleading statements made February 1, 2012 and February 12, 2015.
The lawsuit was filed on behalf of purchasers of Magnachip Semiconductor Corporation (NYSE: MX) publicly traded securities during the period between February 1, 2012 and February 12, 2015, including purchasers of Magnachip Semiconductor Corporation common stock pursuant and/or traceable to Magnachip Semiconductor Corporation’s February 6, 2013 follow-on public stock offering and alleges that the defendants violated Federal Securities Laws. More specifically, the plaintiff claims that between February 1, 2012 and February 12, 2015, Magnachip Semiconductor Corporation allegedly failed to disclose that it was improperly recognizing revenues, resulting in its prior financial statements overstating its revenues and earnings in 2011, 2012, and the first nine months of 2013 and that as a result of defendants’ statements, Magnachip Semiconductor Corporation (NYSE: MX) securities traded at allegedly artificially inflated prices between February 1, 2012 and February 12, 2015, with its stock price reaching a high of $23.57 per share on October 21, 2013, and that Magnachip Semiconductor Corporation’s controlling shareholder, Avenue Capital Management II, L.P., was able to sell more than 16.1 million Magnachip Semiconductor Corporation shares in secondary stock offerings and on the open market between February 1, 2012 and February 12, 2015 at allegedly fraud-inflated prices, receiving $232.675 million in gross proceeds.
On January 27, 2014, Magnachip Semiconductor Corporation announced the postponement of its fourth quarter 2013 earnings release and conference call. On March 11, 2014, Magnachip Semiconductor Corporation announced that the need to restate its prior financial statements, as well as identifying material weaknesses in its internal controls.
On May 20, 2104, Magnachip Semiconductor Corp announced that Sang Park has retired as Chairman, Chief Executive Officer and Director, effective immediately.
On November 12, 2014, Magnachip Semiconductor Corporation announced the completion of an independent internal review into its accounting practices and procedures that was conducted by the Audit Committee of the Company's Board of Directors. Magnachip Semiconductor Corporation said that as a result of the preliminary findings of the Investigation, the Company's financial statements for each of the fiscal years ended December 31, 2012 and December 31, 2011 and the quarters ended March 31st, June 30th, and September 30th in 2013 and 2012 included in the Company's 2012 Annual Report on Form 10-K and Quarterly Reports on Form 10-Q for 2013, and together with all three, six and nine month financial information contained therein, should no longer be relied upon, and that it will be restating as appropriate its financial statements.
On January 28, 2015, Magnachip Semiconductor Corporation announced that it expected to complete and file its Annual Report on Form 10-K for the fiscal year ended December 31, 2013, which will include its restated annual financial statements for the years ended December 31, 2012 and 2011 (and simultaneously complete and file its Quarterly Reports on Form 10-Q for the quarterly periods ended March 31, 2014, June 30, 2014 and September 30, 2014, which will include the corresponding comparative restated financial statements for the quarterly periods ended March 31, 2013, June 30, 2013 and September 30, 2013, respectively, during the week of February 9, 2015, but no later than February 13, 2015.
On February 12, 2015 Magnachip Semiconductor Corporation announced that it filed with the Securities and Exchange Commission (“SEC”) its Annual Report on Form 10-K for the year ended December 31, 2013, which contains audited financial statements of the Company as of and for the years ended December 31, 2013, 2012 and 2011. In addition, Magnachip Semiconductor Corporation said that it filed its quarterly reports on Form 10-Q for the first three quarters of 2014.
Shares of Magnachip Semiconductor Corporation declined from $22.86 per share in September 2013 to as low as $5.00 per share on March 10, 2015.