Posts Tagged ‘Green Mountain’

New Details Revealed in Hagens Berman Investigation of Green Mountain Coffee Roasters

Friday, October 29th, 2010

SAN FRANCISCO–(BUSINESS WIRE)–New details have come to light in Hagens Berman Sobol Shapiro LLP’s investigation into allegations that Green Mountain Coffee Roasters Inc. (Nasdaq: GMCR) made a series of materially false and misleading statements related to the company’s business and operations in violation of the Securities Exchange Act of 1934.

“certain revenue recognition practices and the Company’s relationship with one of its fulfillment vendors.”

According to filings with the U.S. Securities and Exchange Commission, two key executives at Green Mountain Coffee Roasters subsidiaries exercised large amounts of stock options in the weeks just prior to announcing to investors on Sept. 28, 2010 that the company was the subject of an investigation by the SEC into its “revenue recognition practices and the Company’s relationship with one of its fulfillment vendors.”

Michelle Stacy, president of Green Mountain Coffee Roasters subsidiary Keurig Inc., exercised 30,000 Green Mountain Coffee Roasters stock options and sold them at $30.95 per share on Aug. 18, 2010. She exercised another 5,000 options and sold them at $35.40 per share on Sept. 13, 2010 and, finally, exercised 5,000 options at $37 per share on Sept. 21, 2010. Total proceeds for the three stock sales amounted to about $1.3 million, SEC filings show.

R. Scott McCreary, president of Green Mountain Coffee Roasters subsidiary Specialty Coffee Business Unit, exercised 200,000 Green Mountain Coffee Roasters stock options and sold them at $33.08 per share on Aug. 18, 2010, filings with the SEC show. Total proceeds for the stock sales amounted to about $6.6 million.

A class-action lawsuit has already been filed in U.S. District Court in Vermont. The lawsuit alleges that Green Mountain artificially inflated the company’s stock price by issuing inaccurate and unreliable financial statements, which were not prepared in accordance with Generally Accepted Accounting Principles and SEC rules.

Investors who purchased Green Mountain Coffee Roasters common stock between July 28, 2010 and Sept. 29, 2010, inclusive (the “Class Period”) and who wish to move to be a lead plaintiff, must file a motion with the court by Nov. 29, 2010. You may contact our attorneys below to discuss this matter. Hagens Berman’s investigation goes back to 2007.

Hagens Berman’s investigation focuses on the SEC’s inquiry concerning “certain revenue recognition practices and the Company’s relationship with one of its fulfillment vendors.” Neither the SEC nor Green Mountain Coffee Roasters management will disclose details of the investigation.

However, since Green Mountain Coffee Roasters’ largest fulfillment vendor, M. Block & Sons Inc., warehouses physical inventory of Keurig machines and K-Cups, takes orders from retail customers, ships the products and collects receivables, it is possible that it concerns the propriety of so-called “bill-and-hold” transactions. Under Financial Accounting Standards Board rules, if M. Block & Sons initiated such transactions due to inadequate warehouse capacity, the transactions may be proper. However, if the transactions were initiated by Green Mountain Coffee Roasters solely for the purpose of accelerating revenue, then they would be misleading.

Following the close of trading on Sept. 28, 2010, shareholders learned of the SEC’s inquiry into Green Mountain Coffee Roaster’s revenue recognition, that it had been notified by the SEC of this investigation as early as Sept. 20, 2010, and that the company was expected to take a restatement charge in the near term – rendering the company’s prior reported financial statements and reports unreliable, false and materially misleading. Following this announcement, shares of the company fell from $37 per share to a low of $27.47 per share.

Hagens Berman seeks confirmation of the allegations made in the class-action lawsuit filed in U.S. District Court in Vermont. If you want to consider moving to be a lead plaintiff, and you bought Green Mountain Coffee Roasters shares between 2007 and Sept. 28, 2010, you are encouraged to call Reed R. Kathrein at 510-725-3000 for a personal consultation, or contact the Hagens Berman legal team at GMCR@hbsslaw.com. Details of the investigation can be found at http://www.hbsslaw.com/cases-and-investigations/GMCR.

About Hagens Berman

Seattle-based Hagens Berman Sobol Shapiro LLP represents whistleblowers, investors and consumers in complex litigation. The firm has offices in Boston, Chicago, Colorado Springs, Los Angeles, Phoenix, San Francisco and Washington, D.C. Founded in 1993, HBSS continues to successfully fight for investor rights in large, complex litigation. More about the law firm and its successes can be found at www.hbsslaw.com.

Contacts

Firmani + Associates Inc.
Mark Firmani, 206-443-9357
mark@firmani.com

Lavazza Considering Increase in Green Mountain Stake

Thursday, October 14th, 2010

Luigi Lavazza SpA, the coffee company founded by Italy’s Lavazza family in 1895, said it may increase its stake in Green Mountain Coffee Roasters Inc.

“In the future, if Green Mountain decides to make acquisitions, maybe Lavazza can help and increase its stake,” Giuseppe Lavazza, vice president of the company, said in an interview in Milan today.

Read the full article at Bloomberg

Mountain Brew

Wednesday, October 13th, 2010

Shares of Green Mountain Coffee Roasters (Nasdaq: GMCR) popped 7% higher yesterday, a welcome break from the beating that the king of K-Cups has endured since an accounting investigation was launched by the Securities and Exchange Commission two weeks ago.

Unfortunately, the bounce has nothing to do with a quick resolution to the company’s SEC woes. Green Mountain’s caffeinated spurt is fueled by rumors that Nespresso parent Nestle (OTC BB: NSRGY.PK) is readying a buyout bid.

Read the full article at Fool

Lieff Cabraser Heimann & Bernstein, LLP Announces Class Action Lawsuits

Tuesday, October 12th, 2010

Lieff Cabraser Heimann & Bernstein, LLP Announces Class Action Lawsuits Against Green Mountain Coffee Roasters, Inc.

SAN FRANCISCO, Oct 11, 2010 (BUSINESS WIRE) — The law firm of Lieff Cabraser Heimann & Bernstein, LLP announces that class action lawsuits have been brought on behalf of purchasers of the securities of Green Mountain Coffee Roasters, Inc. (“Green Mountain”) /quotes/comstock/15*!gmcr/quotes/nls/gmcr (GMCR 26.87, -0.11, -0.41%) between July 28, 2010 and September 29, 2010, inclusive (the “Class Period”).

If you purchased Green Mountain securities during the Class Period, you may move the Court for appointment as lead plaintiff by no later than November 29, 2010. A lead plaintiff is a representative party who acts on behalf of other class members in directing the litigation. Your share of any recovery in this action will not be affected by your decision of whether to seek appointment as lead plaintiff. You may retain Lieff Cabraser, or other attorneys, as your counsel in this action.

Green Mountain shareholders who wish to learn more about this action and how to seek appointment as lead plaintiff may visit Lieff Cabraser’s website at http://lieffcabraser.com/cases.php?CaseID=350 or contact attorney Sharon Lee toll free at (800) 541-7358.

Green Mountain Coffee shares drop more than 4%

Saturday, October 9th, 2010

SAN FRANCISCO (MarketWatch)–Green Mountain Coffee Roasters Inc. /quotes/comstock/15*!gmcr/quotes/nls/gmcr (GMCR 26.98, -1.06, -3.78%) shares lost more than 4% to $26.83 in early trading Friday and have now lost 1% since the beginning of the year.

Read more at Market Watch

Green Mountain Coffee extends tender offer again

Thursday, April 8th, 2010

Green Mountain Coffee Roasters Inc. again extended a tender offer for a third time as it attempts to acquire Diedrich Coffee Inc., the company said Tuesday.

The offer by Green Mountain subsidiary Pebbles Acquisition Sub Inc., which was set to expire on Monday, has been extended until May 3. The 20-day extension is the maximum allowed under the companies’ acquisition agreement.

About 2.8 million shares have been tendered in the offer as of Monday.

In February Green Mountain extended its offer by 20 days after approximately 2.3 million shares had been turned in for $35 each.

Diedrich Coffee Inc., based in Irvine, Calif., is backing the takeover and has about 5.7 million shares outstanding.

Regulators in January asked for more information about the deal. It was the second time the U.S. Federal Trade Commission asked for more details.

Before Green Mountain put in a bid, Peet’s Coffee and Tea said it would buy Diedrich. Green Mountain, however paid an $8.5 million termination fee to end that deal and extend its own shopping spree.

Green Mountain bought Tully’s Coffee brand and a wholesale coffee business from Tully’s Coffee Corp. in March 2009 for $40.3 million. It bought Toronto specialty coffee company Timothy’s in November for $157 million, including the Timothy’s World Coffee brand and wholesale business but not the retail operations.

Green Mountain shares rose $1.66 to $98.60 in afternoon trading Tuesday while shares of Diedrich slipped 11 cents to $34.70.