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New class-action lawsuit accuses HP execs of misleading investors

By: , 9/15/2011 7:38 pm | 13 comments

HP’s decision this past August to kill off webOS devices and spin off its PC division came as a shock to many in the tech industry- especially since the company’s flagship tablet, the HP TouchPad, was discontinued a mere 48 days after its release. Shares of the company dropped 20 percent after the announcement- its biggest single-day drop since 1987.

Now, Reuters is reporting the first class-action lawsuit accusing HP of misleading investors was filed this week in the U.S. District Court of California by Robbins Geller Rudman & Dowd LLP on behalf of shareholder Richard Gammel. Gammel accuses HP executives including CEO Leo Apotheker and CFO Cathie Lesjak of “misleading investors by making positive statements about the company’s performance that later proved unfounded,” the article states. It also alleges HP concealed the fact that its business model was not working, with webOS at its center.

From the official Press Release:

According to the complaint, the true facts, which were known by the defendants but concealed from the investing public during the Class Period, were as follows: (a) HP’s business model was not working, as the Company was unable to leverage its extensive portfolio and scale of products and services in a strategically beneficial manner; (b) webOS, the TouchPad and the PC business were not central to HP’s business model and webOS would not be integrated across the Company’s entire product line; (c) the TouchPad hardware was inefficient, limiting the degree of effectiveness of the webOS operating system; and (d) based on the foregoing, defendants lacked a reasonable basis for their positive statements about HP’s turnaround, revenue growth rates, market share, new product introductions, diluted EPS, and the Company’s ability to deliver upon its long-term growth model.

The lawsuit argues that HP’s shares were artificially inflated leading up to the announcement even though those familiar with the matter internally sought to keep it quiet. The class-action suit hopes to recover unspecified damages on behalf of those that bought into HP stock between November 22, 2010, and August 18, 2011.

The complaint in its entirety can be viewed here (PDF).

More information on the filing can be found here.

Source: Reuters.com, RGRDLaw.com

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About Jesse Mendoza

Certified Computer Geek by day, WOR contributor & radio DJ by night. Loves indie music, Toyoto FJ Cruisers, and running marathons. He still owns all of his Palm devices and will probably go to the grave with them. Follow him on Twitter @JesseJstreet
  • http://twitter.com/wormyrocks Evan K.
    • Anonymous

      Ha! Nice.

  • http://sanaking.myopenid.com/ Ajay

    It should be from the purchase of palm (or, at least, mentions of strategy).

    And I’m sure HP thought that by refunding people the amount they paid for the touchpad over firesale price they’d avoid a Class Action Lawsuit.  Hah, you forgot how you tricked your investors suckas!

  • Anonymous

    I am so on this. I bought stock back in Feb. right before the think beyond event. I paid $48 a share. I am so looking forward to this. :-D

  • Malette

    About time! I considered buying into HP, but just didn’t feel right when I saw the lack of specs on the touchpad and the “soft launch” of the veer and pre2? Glad I didn’t and also glad someone is going after HP for what they did. I sure would want to if I had bought into them.

  • PalmOn

    I hope they take em for all their worth (which is substantially less today than a couple of months ago).

    Webos rocks!

  • Kallisti

    Make them pay – from their own pockets. Leo should not be able to buy a stamp after this..

  • PalmTHIS

    I love webOS…but what did they expect?  Nauseating…they mislead the community, the investors and themselves.  They have (had)  the money to make the Touchpad kick ass in the hardware department.  Poorly executed announcement.  I’ll pray for them.  That’s all I will say about the announcement

    • JDM

      Pray for them? It’s a soul-less company. Let the company get what it deserves. I’m sure many people bought into HP with high hopes.

      • Anonymous

        like me! :-(

  • Will …..I Couldn’t Agree Mor

    I’m sure the founder’s of HP would not have allowed this to happen under their watch! When you bring in outside minded Execs to run the company by the numbers model, there’s sure to be trouble, the lack of vision

  • GeekChic

    Nothing to add except bwahaahahahh!

  • Brother Al

    Insert “Sub Scan” you lose tones