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Vestas Class Action Lawsuit centers on alleged Securities Exchange Act violations, revenue recognition policy changes, inflated ADRs, and disputed FY2010 guidance in Colorado court, as Vestas and officers deny wrongdoing and vow a vigorous defense.
The Latest Developments
A securities-fraud class action alleging misleading revenue recognition and guidance, filed in Colorado federal court.
- Class period: Oct 27, 2009 to Oct 25, 2010.
- Filed in U.S. District Court, District of Colorado.
- Alleges false revenue, earnings, and FY2010 guidance.
- Policy change cut equity by 739 million euros; analysts critical.
A pension fund has launched a class action lawsuit against Denmark's Vestas in the United States claiming the company gave misleading information that artificially inflated its share price.
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Vestas, the world's largest wind turbine maker, said the complaint, not to be confused with typical turbine complaints that arise in local siting debates, related to a change in its accounting policy last year and was without merit.
Vestas said the lawsuit was brought by a pension fund, which it declined to name, and it intended to defend itself vigorously.
In November 2010, Vestas adopted a new accounting policy that affected revenue recognition from a certain kind of contract and affected historic revenues up to the end of September 2010.
The change reduced equity by 739 million euros $1.05 billion and was heavily criticized by some analysts amid broader industry strains on at least one wind tower maker facing cuts.
The company said the lawsuit filed in Federal district court in Colorado named Vestas and certain of its directors and officers as defendants. It did not identify the individuals.
"The company has reviewed the complaint with its legal and other advisors and believes that the complaint is without merit," Vestas Wind Systems A/S said. "The company and the individual defendants intend to defend themselves vigorously."
U.S. law firm Robbins Geller Rudman & Dowd LLP said in a statement that it brought a class action on behalf of an institutional investor in the U.S. District Court for the District of Colorado for purchasers of Vestas securities during the period between October 27, 2009 and October 25, 2010.
"The complaint charges Vestas and certain of its officers and directors with violations of the Securities Exchange Act of 1934," Robbins Geller Rudman & Dowd said.
"The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company's financial revenues and earnings, as well as its fiscal year 2010 financial guidance," the law firm said.
As a result, the law firm for the plaintiffs said, "Vestas' American Depository Receipts ADRs and ordinary shares traded at artificially inflated prices throughout the Class Period, reaching a high of $26.00 and $78.05 per share, respectively, on November 9, 2009."
In separate corporate news, reports that VimpelCom owners considered a Wind bid underscored shifting investor sentiment across markets.
"Plaintiff seeks to recover damages on behalf of all purchasers of Vestas securities during the Class Period," the law firm said.
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