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The Law Offices of Marc S. Henzel Announces Class Action Lawsuit Against Netflix, Inc. (NASDAQ: NFLX)

16 Jan, 2012 @ 10:57 am EDT
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(IBwire.com – January 16, 2011) - The Law Offices of Marc S. Henzel announces that a lawsuit seeking class action status has been filed in the United States District Court for the Northern District of California on behalf of purchasers of Netflix, Inc. (NASDAQ: NFLX) common stock during the period between December 20, 2010 and October 24, 2011 (the “Class Period”).

The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company’s business practices and its contracts with content providers. As a result of defendants’ false statements, Netflix’s stock traded at artificially inflated prices during the Class Period, reaching a high of almost $300 per share on July 13, 2011. While Netflix stock was inflated (partially by Netflix buying back its own stock), Company insiders were selling 388,661 shares of their own Netflix stock for proceeds of $90.2 million.

On September 15, 2011, Netflix updated its third quarter 2011 guidance and revealed that it had lost a million subscribers due to its recently announced price increases becoming effective. On this news, Netflix stock fell nearly $40 per share to close at just under $170 per share. On September 19, 2011, the Company announced that, in an effort to offset skyrocketing costs and rapidly defecting customers, the Company would begin charging separately for its two services and had raised prices as much as 60%. Netflix stock dropped to $130 per share on this news. Then, on October 24, 2011, Netflix issued its third quarter 2011 shareholder letter, which reported a net loss of 810,000 U.S. subscribers, translating into a cumulative loss of 5.5 million subscribers. The subsequently filed Form 10-Q revealed that Netflix’s obligations for content over the coming years had skyrocketed to $3.5 billion, with $2.8 billion due within three years. These disclosures caused Netflix stock to collapse from $118.84 per share on October 24, 2011 to $80.86 per share on October 27, 2011, a 32% decline in three days and a 73% decline from the stock’s Class Period high.

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) Netflix had short-term contracts with content providers and defendants were aware that the Company faced the choice of renegotiating the contracts in 2011 at much higher rates or not renewing them at all; (b) content providers were already demanding much higher license fees, which would dramatically alter Netflix’s business; (c) defendants recognized that Netflix’s pricing would have to dramatically increase to maintain profit margins given the streaming content costs they knew the Company would soon be incurring; and (d) Netflix was not on track to achieve the earnings forecasts made by and for the Company for 2011.

 

 

If you are a member of the class, you may request no later than March 13, 2012, that the Court appoint you as lead plaintiff of the class. A lead plaintiff is a class member that acts on behalf of other class members in directing the litigation. Although your ability to share in any recovery is not affected by the decision whether or not to seek appointment as a lead plaintiff, lead plaintiffs make important decisions which could affect the overall recovery for class members.

The Law Offices of Marc S. Henzel has not filed a lawsuit against the defendants.  If you currently own shares of Netflix, Inc. and/or purchased shares during the class period and would like to learn more about any potential claims or you wish to discuss these matters and have any questions concerning this announcement or your rights, please contact Marc S. Henzel (610) 660-8000, Mhenzel@Henzellaw.com, or to sign up online, visit the firms website at www.henzellaw.com

Attorney advertising. © 2012 Law Offices of Marc S. Henzel.  The law firm responsible for this advertisement is the Law Offices of Marc S. Henzel.  Prior results do not guarantee or predict a similar outcome with respect to any future matter.

 

Contact:

Law Offices of Marc S. Henzel

Marc S. Henzel

Email: Mhenzel@Henzellaw.com

Phone 610-660-8000

Website: www.henzellaw.com

This article is copyrighted by IBWire.com
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