Published: May 26, 2004
Class Action Lawsuit Commenced Against McDonald's Corporation by Bernstein Liebhard & Lifshitz, LLP
A securities class action lawsuit was
commenced on behalf of all persons who acquired securities of McDonald's
Corporation ("McDonald's" or the "Company") between December
14, 2001 and January 22, 2003, inclusive (the "Class Period"). A copy of
the Complaint is available from the Court or from Bernstein Liebhard &
Lifshitz, LLP. Please visit our website at http://www.bernlieb.com or
contact us at (800) 217-1522 or by email at MCD@bernlieb.com.
The case is pending in the United States District Court for the Northern
District of Illinois, Eastern Division, against Defendants McDonald's, Jack
M. Greenberg, Matthew H. Paull and Michael J. Roberts.
The Complaint charges that McDonald's and certain officers and directors
violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934,
and Rule 10b-5 promulgated thereunder, by issuing a series of material
misrepresentations to the market during the Class Period, thereby
artificially inflating the price of McDonald's securities. Specifically,
the Company misrepresented its business and future prospects by failing to
disclose that hundreds of its restaurants were underperforming and that the
Company had incurred hundreds of millions of dollars in unrecorded asset
impairment and other charges.
Defendants' scheme began to unravel in September 2002, when the Company
reported that "comparable sales" (i.e., year-over-year sales comparisons
for restaurants that had been open for more than thirteen months) had
continued to decline, especially in U.S. and European markets, making it
impossible for the Company to meet its 2002 earnings guidance.
Then on January 23, 2003, defendants announced that the Company had
incurred losses of more than $810 million related, primarily, to the
closure of over 700 underperforming restaurants and the write-off of
hundreds of millions of dollars of previously capitalized technology costs.
Prior to the disclosure of the adverse facts described above, the Company
completed fixed-rate debt offerings of at least $900 million at highly
favorable interest rates. In addition, McDonald's insiders, sold over
939,000 shares of McDonald's common shares, at or near market highs,
generating proceeds of more than $26 million.
Plaintiff seeks to recover damages on behalf of all those who purchased or
otherwise acquired McDonald's securities during the Class Period. If you
purchased or otherwise acquired McDonald's securities during the Class
Period, and either lost money on the transaction or still hold the
securities, you may wish to join in the action to serve as lead plaintiff.
In order to do so, you must meet certain requirements set forth in the
applicable law and file appropriate papers no later than June 4, 2004.
A lead plaintiff is a representative party that acts on behalf of other
class members in directing the litigation. In order to be appointed lead
plaintiff, the Court must determine that the class member's claim is
typical of the claims of other class members, and that the class member
will adequately represent the class. Under certain circumstances, one or
more class members may together serve as "lead plaintiff." Your ability to
share in any recovery is not, however, affected by the decision whether or
not to serve as a lead plaintiff. You may retain Bernstein Liebhard &
Lifshitz, LLP, or other counsel of your choice, to serve as your counsel in
this action.
Bernstein Liebhard & Lifshitz, LLP has been retained as one of the law
firms to represent the class. The attorneys at Bernstein Liebhard &
Lifshitz, LLP have extensive experience in securities class action cases,
and have played lead roles in major cases resulting in the recovery of
hundreds of millions of dollars to investors. For more information about
Bernstein Liebhard & Lifshitz, LLP, please visit our website at
http://www.bernlieb.com.
If you would like to discuss this action or if you have any questions
concerning this Notice or your rights as a potential class member or lead
plaintiff, you may contact the Shareholder Relations Department at
Bernstein Liebhard & Lifshitz, LLP, 10 East 40th Street, New York, New York
10016, (800) 217-1522 or (212) 779-1414 or by e-mail at MCD@bernlieb.com.
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