Lawsuit Overview
December 26, 2012 - The U.S. Court of Appeals for the Second Circuit ordered the judgment of the district court is affirmed.
March 3, 2012 - The lead plaintiff filed a notice of appeal.
March 8, 2012 - The court granted the defendants' motion to dismiss and granted plaintiff leave to amend the complaint.
August 1, 2011 - The defendant filed a motion to dismiss.
June 2, 2011 - The lead plaintiff filed a consolidated amended complaint.
April 1, 2011 - The lead plaintiff and lead motion were appointed and all cases were consolidated.
February 2, 2011 - Lead plaintiff motions were filed.
December 3, 2010 - An investor in American Depositary Shares (ADS) of Mecox Lane Limited (NASDAQ: MCOX) filed a lawsuit in the U.S. District Court for the Southern District of New York against Mecox Lane Limited over alleged violations of Federal Securities Laws in connection with certain allegedly false and misleading statements made between September 26, 2010 and November 29, 2010.
At its debut, Mecox Lane Limited ADS raised as much as 68%. ADS of Mecox Lane Limited (NASDAQ: MCOX) traded during October and November 2010 at over $16 per share. The plaintiff alleges that Mecox Lane Limited, its entire Board of Directors, its Chief Financial Officer, and the Underwriters involved in its October 2010 Initial Public Offering of 11,742,857 American Depositary Shares, each representing seven ordinary shares of Mecox Lane Limited, priced at $11.00 per ADS, are liable under Sections 11 and 15 of the Securities Act of 1993. The plaintiff alleges the defendants included or allowed the inclusion of materially false and misleading statements in the Registration Statement and Prospectus issued in connection with the IPO. Specifically the plaintiff alleges that contrary to Mecox Lane Limited's registration statement filed with the U.S. Securities and Exchanges Commission, Mecox Lane Limited's gross margins had been adversely impacted by increased costs and expenses which made it impossible for Mecox Lane to achieve the results defendants projected at the time of the IPO.
Mecox Lane Limited reported an increased 12month Total Revenue from 2006 to 2009. In 2006 Mecox Lane Limited reported $34.62million in 12 months Total Revenue and in 2009 a 12month Total Revenue of $177.69million. Its net income went from a Net Loss of $6.65million in 2006 to a Net Income of $7.21million in 2009. For the first 6 months in 2010 Mecox Lane Limited ADS reported a 6months Total Revenue of $108.03million with a Net Income of $2.53million.
Then on November 29, 2010, so the plaintiff, after the close of trading - and after Mecox Lane Limited and certain of its insiders liquidated over $128.97 million of Mecox shares in connection with the IPO - the truth about Mecox Lane Limited was revealed. Among other things Mecox Lane Limtied announced in its Third Quarter results that its cost of goods sold increased by 45.5% in the third quarter of 2010 from the third quarter of 2009, its total operating expenses increased by 19.8% in the third quarter of 2010 from the third quarter of 2009, and due to an 11.6% increase in marketing and advertising expenses, and a 40.2% increase in compensation and benefit expenses its selling, general and administrative expenses increased by 20.4% in the third quarter of 2010 from the third quarter of 2009.
Shares of Mecox Lane Limited ADS (NASDAQ: MCOX) dropped from $13.38 on November 29 to $7.18 on Nov 30 and continued to decline to $6.60 on Wednesday Dec 1. MCOX shares closed last weeks trading on Friday at $7.80 per share.