WASHINGTON (AFP) ― Trial lawyers smelled
blood Wednesday as furious investors began filing suits over losses on
Facebook’s disastrous $16 billion IPO, with billions of dollars possibly at
stake in coming litigation.
More than a half-dozen law firms specializing
in investor complaints said they were launching class action suits against the
social networking giant and its underwriters.
The suits alleged that
Facebook, and Morgan Stanley, Goldman Sachs and other big Wall Street banks that
distributed the shares withheld from smaller investors crucial forecasts that
pointed to weaker growth for Facebook, while sharing the information with big
institutional clients.
A separate lawsuit against the Nasdaq exchange
said its massive technical problems on the first day of Facebook trade on Friday
also resulted in losses to investors.
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Pre-market
prices for Nasdaq stock and Facebook stock are shown Wednesday at the Nasdaq
MarketSite in New York. (AP-Yonhap News) |
All
told the claims could come to billions: more than $15 billion has been wiped
from the company’s value since the initial public offering gave it a market
capitalization of $104 billion.
Facebook vehemently defended itself in
its first public comment since the IPO, as the first suit, from the Brian Roffe
Profit Sharing Plan and two other investors, was lodged in the New York District
Court.
“We believe the lawsuit is without merit and will defend ourselves
vigorously,” a Facebook spokesperson said.
The class-action suits all
said that U.S. securities laws were violated when the company and its main IPO
bankers allegedly provided information to large clients but not
others.
They “failed to disclose that during the IPO roadshow, the lead
underwriters ... cut their earnings forecasts and that news of the estimate cut
was passed on only to a handful of large investor clients, not to the public,”
said law firm Glancy Binkow & Goldberg.
On the same grounds the
Massachusetts state government issued a subpoena for the lead underwriter,
Morgan Stanley, over how it shared information ahead of the massive share
sale.
Morgan Stanley is being blamed for cutting its own internal
Facebook earnings forecasts even while supporting the company in increasing the
size of the IPO by 25 percent to 421 million shares, and raising the issue price
sharply to $38 a share.
Investors had hoped to turn quick and easy
profits on the shares when they hit the market Friday, given the lengthy buildup
and how previous IPOs by tech giants like Google and LinkedIn rocketed
upward.
But the launch flopped, the price barely staying up above the $38
level in the first day of trade and then plunging 18 percent over the next two
sessions.
The price rebounded slightly in trade Wednesday, climbing 3.2
percent to $32.00, but remained well below the $38 that the initial IPO
investors paid.
The episode cast a dark cloud over what was supposed to
be the brightest market opportunity for investors in years and over a company
with nearly one billion users but which still faces questions on whether it
cares what investors think.
“The Facebook debacle is coming off as an
insult to individual investors.
It looks like the worst of Wall Street
hype with a dose of chicanery to boot,” said Dick Green at
Briefing.com.
“Insiders certainly look like the winners and individual
investors the losers.”
On Tuesday Morgan Stanley insisted it followed all
appropriate procedures in the IPO, including disseminating the update Facebook
filing, the “S1,” to all of the company’s institutional and retail
investors.
“In response to the information about business trends, a
significant number of research analysts in the syndicate who were participating
in investor education reduced their earnings views to reflect their estimate of
the impact of the new information,” the banks said in a statement.
As the
lawyers took action in the courts, major retail brokers said they were trying to
sort out investor complaints of losses due to Nasdaq’s inability Friday to
process trading orders correctly.
“We understand that Nasdaq is working
with federal regulators to determine what, if any, accommodation might be made,”
Fidelity, the giant retail broker, told its clients, hinting that some
compensation for losses might be available.
Regulators were also reported
examining what happened with the underwriters, and the banking committee of the
U.S. Senate was also informally gathering information on the case.
“If
true, the allegations are a matter of regulatory concern to FINRA and the SEC,”
Rick Ketchum, the chief executive of the Financial Industry Regulatory
Authority, said in a statement.