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Cases of Interest

  • Vu Tran v. Blackberry Limited, et. al, Newman Ferrara LLP Files Securities Class Action Against BlackBerry Limited (NASDAQ: BBRY) and Advises Investors of December 3, 2013 Lead Plaintiff Deadline November 08, 2013

    Newman Ferrara LLP announces that it has filed a class action lawsuit in the Unites States District Court, Southern District of New York against BlackBerry Limited (NASDAQ: BBRY) ("BlackBerry" or the "Company") and certain of its executive officers, alleging violations of federal securities laws. The case is entitled, Vu Tran v. Blackberry Limited, et al, 13 CIV 7972 (SDNY).

    Investors who purchased BlackBerry securities between September 27, 2012 and September 20, 2013 (the "Class Period") may apply with the Court to be appointed Lead Plaintiff no later than December 3, 2013. The Lead Plaintiff will direct the litigation on behalf of the other class members.

    As alleged in Newman Ferrara's Complaint, BlackBerry and certain of its officers made a series of materially false and misleading statements and omissions related to the Company's business and operations in violation of the Securities Exchange Act of 1934. In particular, it is alleged that BlackBerry actively misled investors about the success and financial prospects of its new BlackBerry 10 line of smart phones and claimed falsely that the line would herald in the Company's financial recovery. However, unbeknownst to investors, the introduction and poor market reception of the BlackBerry 10 line was actually further hurting the Company's business, operations and financial situation.

    On September 20, 2013, BlackBerry admitted finally that it would incur massive charges due to unsold BlackBerry 10 inventory. According to the Company's release:

    "[BlackBerry] expects to report a primarily non-cash, pre-tax charge against inventory and supply commitments in the second quarter of approximately $930 million to $960 million, which is primarily attributable to BlackBerry Z10 devices."

    To make matters worse, the Company further announced it is preparing for deep staff cuts of up to 40% of its employees by year end.

    As a result of these disclosures, BlackBerry stock plummeted from a closing price of $10.52 per share on September 19, 2013, to a close of $8.73 per share on September 20, 2013. Thereafter, BlackBerry shares continued to slide on heavy trading volume as investors liquidated their positions.

    Investors who purchased shares of BlackBerry during the Class Period may contact Newman Ferrara partner Jeffrey M. Norton (jnorton@nfllp.com) by email or call (212) 619-5400 to discuss this lawsuit or the Lead Plaintiff process.

    Whistleblowers: Persons with knowledge that may aid in the investigation of this matter are encouraged to contact the firm. Under the Dodd-Frank Wall Street Reform Bill, whistleblowers are protected from employer retaliation and may be entitled to as much as 30 percent of the recovery if the information provided leads to a successful action.

    Newman Ferrara maintains a multifaceted practice based in New York City with attorneys specializing in complex commercial and multi-party litigation, securities fraud and shareholder litigation, consumer protection, civil rights, and real estate. For more information, please visit the firm website at www.nfllp.com.

    CONTACT:

    Newman Ferrara LLP

    Jeffrey M. Norton

    1250 Broadway, 27th Fl.

    New York, NY 10001

    Tel: (212) 619-5400

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  • Hughes v. KIT digital, Inc., et al. Newman Ferrara LLP Files Class Action Lawsuit on Behalf of Purchasers of KIT digital, Inc. December 18, 2012

    Newman Ferrara LLP announced today that it filed a class action lawsuit in the U.S. District Court for the Southern District of New York (Case No. 1:12-cv-9210) against KIT digital, Inc. ("KIT") and certain of KIT's officers and directors for violations of federal securities laws.

    On November 21, 2012, KIT announced that on November 15, 2012, the Audit Committee of KIT's Board of Directors concluded that, because of errors and irregularities in KIT's financial statements, KIT needed to restate its financial statements for each of the first three quarters and full years in 2009, 2010 and 2011 and for the first two quarters of 2012. KIT stated that the accounting errors and irregularities relate primarily to the improper recognition of revenue from perpetual license agreements entered into in 2010 and 2011. KIT reported that it could not timely file its financial results for the fourth quarter of 2012 and cancelled its 2012 annual stockholder meeting. KIT cautioned that it "cannot currently quantify the potential impact of the restatement."

    On this news, shares of KIT stock plummeted 64% in value to a November 23, 2012 closing price of $0.74 per share. KIT stock dropped another 16% on the following trading day to a November 26 closing price of $0.62 per share.

    On November 23, 2012, KIT's former Chief Executive Officer, Kaleil Tuzman, sent KIT's Board a letter criticizing KIT's management for its "deficient management and poor business execution" and offering to purchase KIT for $3.75 per share in cash.

    The Complaint asserts violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder, against KIT and certain of its officers. The Complaint alleges that the defendants issues false and/or misleading statements and omissions regarding the adequacy of KIT's system of internal controls over its financial reporting and the existence of irregularities with KIT's accounting relating, in part, to the improper recognition of revenue for certain license agreements.

    Newman Ferrara maintains a multifaceted practice based in New York City with attorneys specializing in complex commercial and multi-party litigation, securities fraud and shareholder litigation, consumer protection, civil rights, and real estate.

    CONTACT:
    Attorneys:
    Jeffrey Norton
    jnorton@nfllp.com
    Roy Shimon
    rshimon@nfllp.com
    Tel: (212) 619-5400
    Fax: (212) 619-3090

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  • Zynga Inc. Securities Litigation Newman Ferrara LLP Appointed Co-Lead Counsel in Suit against Zynga Inc. July 31, 2012

    Newman Ferrara LLP today announced that it was appointed Co-Lead counsel with the firm Berman DeValerio in the securities class action captioned In re Zynga Inc. Securities Litigation, No. 12-cv-04007-JSW, pending in the U.S. District Court for the Northern District of California. Newman Ferrara client and shareholder David Fee was appointed as lead plaintiff in this action brought on behalf of shareholders of Zynga Inc. ("Zynga") (NASDAQ: ZNGA), alleging violations of Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10(b)(5) promulgated thereunder, by Zynga, certain of its officers and directors, and those who served as underwriters in connection with Zynga's Initial Public Offering on December 16, 2011 and secondary stock offering on April 3, 2012.

    On July 25, 2012, Zynga announced its financial results for the second quarter of 2012, reporting substantially lower bookings than previously expected and issuing a dismal forecast for the rest of the year, sharply lowering its 2012 guidance. Following this announcement, Zynga's common stock plummeted 40% in value down to $2.97 per share. The Complaint alleges that the defendants issued false and misleading statements and omissions, including false and misleading Registration Statements and Prospectuses issued in connection with Zynga's Initial Public Offering and secondary offering, relating to the business, financial results, and management of Zynga.

    The action seeks to recover damages on behalf of purchasers of Zynga common stock between December 15, 2011 and July 25, 2012, inclusive (the "Class Period").

    Newman Ferrara maintains a multifaceted practice based in New York City with attorneys specializing in complex commercial and multi-party litigation, securities fraud and shareholder litigation, consumer protection, civil rights, and real estate.

    CONTACT:
    Attorneys:
    Jeffrey Norton
    jnorton@nfllp.com
    Roy Shimon
    rshimon@nfllp.com
    Tel: (212) 619-5400
    Fax: (212) 619-3090

    Read More