Twitter Can't Shake Securities Suit Over Daily User Metrics
SAN FRANCISCO—Twitter Inc. has missed on an early attempt to knock out claims that it misled investors about the growth of its daily user base during…
October 17, 2017 at 06:00 PM
3 minute read
SAN FRANCISCO—Twitter Inc. has missed on an early attempt to knock out claims that it misled investors about the growth of its daily user base during a period when the company's stock price slid 40 percent in 2015.
In a 42-page decision issued Monday, U.S. District Judge Jon Tigar of the Northern District of California allowed investors to proceed with claims company executives omitted key metrics about daily active users—the type of users who actually drive advertising revenues for the company.
Tigar wrote it was “unhelpful at best and misleading at worst” that Twitter pointed to the positive signs about its monthly user base while withholding the number of daily active users, or DAUs.
“In the absence of DAU data, investors interpreted defendants' statements as reassurances that the Company had experienced and would continue to experience positive growth and engagement trends,” Tigar wrote. “It was misleading for defendants to rely on favorable ad engagement trends to describe or predict user engagement when DAU, Twitter's primary metric, was flat or declining.”
A Twitter spokesperson said Tuesday the company does not comment on pending litigation.
Toward the end of 2014, Twitter executives estimated the company's average monthly active users would grow to more than half a billion in the intermediate term and more than 1 billion long term. But when the market was made aware that user growth was on a much slower track, the stock slumped. Investors began suing last year seeking to certify a class of investors who bought Twitter's stock between Feb. 6, 2015, and July 28, 2015, a period during which the price per share dropped from $52.87 to $31.24.
Although Tigar, for the most part, allowed the suit to move forward to discovery, he did grant a request from Twitter's lawyers at Simpson Thacher & Bartlett to toss the plaintiffs claims related to positive statements about trends in Twitter's monthly active user numbers. Tigar pointed out that the company reported the actual monthly numbers publicly. Twitter, the judge ruled, also was open that some of the growth was due to low-quality accounts such bots and automated accounts which wouldn't contribute to the company's bottom line.
Plaintiffs lead counsel, Gregg Levin of Motley Rice, and liaison counsel, Lesley Weaver of Bleichmar Fonti & Auld, didn't immediately respond to request for comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSettlement Negotiations Taking Shape in Class Action Against Poppi Prebiotic Sodas
2 minute readKeller Postman and Jenner & Block Accuse Each Other of Unethical Actions in Tubi Settlement
7 minute readSupreme Court allows investors' class action to proceed against microchip company Nvidia
3 minute readBig Tech and Internet Companies Slammed With Consumer Class Actions in December
Trending Stories
- 12025 Starting Line-Up: Meet Georgia's Newest Magistrate Court Judges
- 2Delaware Supreme Court Upholds Court of Chancery’s Refusal to Blue Pencil an Unreasonable Covenant Not to Compete
- 3‘It's Your Funeral’: Avoiding Doing Damage to Your Client’s Case With Uncivil Behavior
- 4'Never Been More Dynamic': Big Law Leaders Reflect on 2024 and Expectations Next Year
- 5Pa. 100: Law Schools
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250