Lawsuit Overview
September 19, 2011 - The court granted the lead plaintiff's motion to voluntarily dismiss the case. The court ordered that the lead plaintiff's claims are dismissed with prejudice and claims of potential class members are dismissed without prejudice. September 14, 2011 - Lead plaintiff filed a motion for leave to voluntarily dismiss claims. September 7, 2011 - The court orders that the lead plaintiff's notice of voluntary dismissal is stricken. August 30, 2011 - Lead plaintiff filed a notice of voluntary dismissal with prejudice. July 6, 2011 - Lead plaintiff and lead counsel were appointed and all cases were consolidated. May 23, 2011 - Lead plaintiff motions were filed. March 24, 2011 - An investor in Rosetta Stone (NYSE: RST) filed a lawsuit in the U.S. District Court for the Eastern District of Virginia against Rosetta Stone over alleges violations of Federal Securities Laws in concerning certain financial statements. According to the class action complaint the plaintiff alleges on behalf of purchasers of Rosetta Stone (NYSE: RST) common stock between February 25, 2010 and March 1, 2011, that Rosetta Stone and certain of its officers and/or directors violated the Securities Exchange Act of 1934 by failing to disclose between February 25, 2010 and March 1, 2011 material adverse facts about its true financial condition, business and prospects. Rosetta Stone’s 12months Total Revenue went from $91.57million in 2006 to $352.27million in 2009. While in 2006 Rosetta Stone had to report a Net Loss of $15.17million, its Net Income increased to $13.36million in 2009. For the first three quarters in 2010 Rosetta Stone Inc. reported a combined $184.59million with a combined nine months Net Income of $8.31million. Shares of Rosetta Stone fell from over $20 on Feb 17 to under $15 during Feb 25 after Rosetta Stone announced on February 18, 2011, that its financial performance for the fourth quarter of 2010 would be below its previously announced guidance provided in November 2010. Specifically, Rosetta Stone stated in the preliminary Fourth Quarter 2010 results, among other things, that Rosetta Stone expects to report total revenue of approximately $74.2 million on sales bookings of approximately $81.8 million, compared to previously issued guidance of $76 to $81 million of total revenue and $82 to $88 million of sales bookings. Rosetta Stone attributed the guidance miss to lower-than-expected sales from the US consumer market, “exacerbated by the financial impact of the recently-announced Chapter 11 bankruptcy reorganization of Borders Group, Inc.” The February 18, 2011 press release states, in part, as follows: “Tom Adams, CEO of Rosetta Stone, said, “Despite record sales of Rosetta Stone Version 4 TOTALe on both Black Friday and Cyber Monday, our sales to US consumers for the full quarter were below expectations. The bankruptcy of Borders Group, one of our global retail partners, also negatively affected our revenue and earnings for the fourth quarter. . . “ Recently shares of Rosetta Stone (NYSE: RST) traded slightly above $13 per share.