Federman & Sherwood Announces the Filing of a Securities Class Action Lawsuit against Natus Medical Incorporated
Oklahoma City, OK (February 1, 2017) – On January 30, 2017, a securities class action lawsuit was filed in the United States District Court for the Northern District of California against Natus Medical Incorporated (NASDAQ: BABY). The complaint alleges violations of federal securities laws, Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5, including allegations of issuing a series of material or false misrepresentations to the market which had the effect of artificially inflating the market price during the Class Period, which is October 16, 2015 through April 3, 2016. More specifically, this litigation was filed because Defendants made materially false and/or misleading statements and/or failed to disclose material adverse facts, including that: (1) the Venezuelan government failed to make tens of millions of dollars in prepayments to Natus, which were required to have been paid beginning in October 2015; (2) Natus had no means to effectively enforce its rights under its supply contract, as Venezuela was the exclusive forum for dispute resolution; (3) Natus’ receipt of revenues pursuant to the supply contract was contingent on the outcome of Venezuelan elections; and (4) as a result, Natus was not on track to achieve the increased guidance provided by Defendants, which lacked a reasonable basis.
On January 11, 2016, Natus revealed that it expected to fall short of its fourth quarter and fiscal year 2015 guidance. The Company also disclosed that "[t]he guidance provided by the Company in October for the fourth quarter of 2015 included expected revenue of approximately $4 million under the new Venezuelan Ministry of Health contract," but "[t]he Company was not able to ship product on the anticipated schedule because the prepayment under the contract was delayed." On this revelation, the price of Natus common stock declined almost $5 per share, or 11%. On February 29, 2016, Natus filed its Annual Report on Form 10-K for fiscal year 2015 with the SEC, which disclosed that elections in Venezuela and Argentina and Venezuela's "highly inflationary economy and recessionary economic conditions" "may impact the likelihood of the Venezuelan Ministry of Health's following through with orders under the agreement, and [Natus's Argentinian subsidiary] ha[d] not yet received any prepayments under the agreement and no products or services ha[d] been shipped or provided." The Company attached a copy of the Supply Contract to the 10-K, which disclosed that $69 million in prepayments had been due by the end of 2015 and not the first quarter of 2016, as defendants had represented, and revealed that the Supply Contract was governed solely by Venezuelan law, meaning the Venezuelan government could unilaterally renege on all aspects of the agreement.
Plaintiff seeks to recover damages on behalf of all Natus Medical Incorporated shareholders who purchased common stock during the Class Period and are therefore a member of the Class as described above. You may move the Court no later than Friday, March 31, 2017 to serve as a lead plaintiff for the entire Class. However, in order to do so, you must meet certain legal requirements pursuant to the Private Securities Litigation Reform Act of 1995.
To join this class action, click here to obtain an investor certification. Once complete, please email this form to email@example.com, fax to us at (405) 239-2112 or send by regular mail to Federman & Sherwood, 10205 North Pennsylvania Avenue, Oklahoma City, OK 73120, ATTN: Robin.
Posted on Wed, February 1, 2017
by Nancy Beatty filed under