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Class-action Suit Filed Against Microsoft Over Surface Write Off

New submitter used2win32 writes with news that at least one investor is unhappy with the Surface inventory write off, claiming that Microsoft mislead investors who purchased stock during Q2 and Q3 by not announcing just how slow inventory was moving at the time "The class action lawsuit claims false and misleading information regarding sales performance of Windows RT based tablets. Microsoft has earned a U.S. $900 million write off and a market share of less that 1% to show for its Windows RT endeavors. Asus, Lenovo, HP, Samsung and HTC discontinued their models leaving Dell as the only OEM producing a Windows RT tablet."

13 of 212 comments (clear)

  1. How does this help anyone? by Anonymous Coward · · Score: 5, Insightful

    Stockholders win the lawsuit and each get 10 bucks. Microsoft stock takes a huge hit. Stockholders lose a lot more than 10 bucks.

    Nevermind, I forgot about the lawyers. The lawyers always win.

    1. Re:How does this help anyone? by Anonymous Coward · · Score: 5, Insightful

      Actually, you have a good point. The suit was probably started by a lawyer and not by a "real" plaintiff. But if we are going to start suing businesses for poor business decisions and a little bit of lying - hell, there are a LOT of businesses that need suing. I would estimate that at, well, every one of them.

    2. Re:How does this help anyone? by Jeremiah+Cornelius · · Score: 5, Funny

      I have a new word, for the English language.

      "Ballmer"

      As in "We've been completely ballmered."

      or

      "Bend over, and take your ballmering like a man!

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    3. Re:How does this help anyone? by gl4ss · · Score: 5, Insightful

      ...by showing them that they can't just do any shit they want?

      if you didn't see this coming the day they announced the writeoff on their report then you weren't thinking. huge advantage to insiders, hugely misleading to investors. almost a billion dollars, they knew they were going to write it off and by the rules they should have announced it. you can't with a straight face say that they expected to sell off the inventory in the last month...

      it's a shame the sec didn't penalize them straight away.

      --
      world was created 5 seconds before this post as it is.
    4. Re:How does this help anyone? by Bert64 · · Score: 5, Insightful

      When it comes to poor business decisions, it's ultimately for the shareholders to decide amongst themselves if they want the business they own to be operated by people who make such poor decisions. And if you're only a minor shareholder and the other larger shareholders don't agree with your position then that's that. You knew this *before* you bought these shares, and still decided to buy. Buying shares is gambling, if it doesn't pay off them you have only yourself to blame.

      When it comes to lying however, those responsible should be held criminally accountable. Lying in order to secure investment (ie to make your shares appear worth more than they should be and get people to buy them) is fraud and should be treated as such.

      As to wether the business decisions were really poor, the problem here is that far too many shareholders are taking a short term view - they want profits NOW and don't care about the long term viability of the company. The fact is MS may currently be highly profitable, but the majority of that profit comes from mature and declining markets, and eventually that source of revenue is going to dry up, and if they have nothing ready to replace it then they will end up bankrupt.

      They have generally shown themselves to be rather incompetent at entering new markets, with products that are mediocre to poor and in many cases refusing to fully embrace the new market for fear of getting too far away from traditional markets, and thus being held back. The only real advantage they have is huge cash reserves allowing them to keep slinging enough mud until some of it sticks.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    5. Re:How does this help anyone? by NotQuiteReal · · Score: 5, Informative

      All good points, but bear in mind MSFT was not trying to get people to buy shares for the benefit of MSFT... this is not an IPO situation. At this point it is all shareholders trading amongst themselves. So whatever information is known, is known to all - and sellers as well as buyers both make their decisions on the same reports.

      Unless there are allegations of insider trading, in which case you should go after those individuals who profited unfairly, not the company.

      --
      This issue is a bit more complicated than you think.
  2. Summary: My bad judgement is your fault by bradley13 · · Score: 5, Insightful

    Typical sue-happy mentality of the USA: My bad judgement is your fault.

    If these people had made money with the stock, do you think they'd be offering to pay Microsoft part of their profits?

    --
    Enjoy life! This is not a dress rehearsal.
    1. Re:Summary: My bad judgement is your fault by RogueyWon · · Score: 5, Insightful

      You're probably right, but...

      It's shocking how little effort shareholders in the tech sector are willing to put into scrutinising the products of the companies they are investing in and asking the crucial question: "how many people are going to pay money for this?"

      We saw it back in the first dotcom bubble - investors ploughing money into businesses which had no plausible path towards generating substantial revenues, let alone turning a profit.

      We've seen it with social networks whose business plan boiled down to "erm... advertising?".

      God knows we've seen it in the video gaming sector, where all investors seem to want to here is the appropriate catchphrase, which, depending on the year in question might be: "the next World of Warcraft", "the next Call of Duty" or "free to play with microtransactions". This usually results in a lemming-like dash towards bankrupcy unless the company in question is one of the industry giants.

      And now we've seen it with a "next iPad" tablet.

      Seriously, is it that hard to look at the product line of the company you're investing in and ask yourself "can I imagine any significant number of people parting with their cash for this?".

      Oh, and look at their marketing strategy as well. If it involves breakdancing, that's probably a bad sign.

  3. Re:Amazing ... by Prof.Phreak · · Score: 5, Interesting

    It's strange that everyone except microsoft saw this coming. None of the tech folks I know thought those tablets were gonna go anywhere---why in the world did Microsoft spend so much on such a bad idea? Same with the phones...

    --

    "If anything can go wrong, it will." - Murphy

  4. Re:Boo Whoo! by UnknowingFool · · Score: 5, Interesting

    The summary says that is not what the lawsuit is about. Surface was clearly not doing well in the first two quarters of its release (Q2, Q3) but MS didn't disclose this until Q4 when they took a $900M writeoff. I'm not sure what the rules are on reporting but I'm guessing the losses were just too large not to report. The lawsuit claims investors who bought stock in Q2 and Q3 were misled by this lack of information. MS does put into their financial statements a disclaimer about how poor sales may affect their overall revenue: "significant investments in new products and services that may not be profitable;" The litigants felt that was not enough. I don't think they have much of a case.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  5. Re:Amazing ... by gstoddart · · Score: 5, Interesting

    why in the world did Microsoft spend so much on such a bad idea? Same with the phones...

    Well, maybe they assumed "we're Microsoft, people will buy anything we make", or they were completely out of touch with what consumers actually wanted and missed the mark completely, or maybe they're losing a lot of good-will with people who no longer care about them or their products. Tough to say.

    But Microsoft really needs to be asking themselves this. Because this is now several products which are proving to be failures in the market, and the investors aren't going to stand for a company which keeps making billion-dollar gambles on stuff nobody buys.

    Right now, except for maybe Office and the enterprise market -- it's hard not to think that Microsoft is losing money on every product they make, and trying to make it up on volume.

    --
    Lost at C:>. Found at C.
  6. Re:Shareholder lawsuits by nedlohs · · Score: 5, Informative

    Only if the company misled about the existence of the lawsuit.

    But because even microsoft isn't completely retarded you'll find their 10-K will always have something like:

    """
    We have claims and lawsuits against us that may result in adverse outcomes. We are subject to a variety of claims and lawsuits. Adverse outcomes in some or all of these claims may result in significant monetary damages or injunctive relief that could adversely affect our ability to conduct our business. The litigation and other claims are subject to inherent uncertainties and management’s view of these matters may change in the future. A material adverse impact on our financial statements also could occur for the period in which the effect of an unfavorable final outcome becomes probable and reasonably estimable.
    """

    in it.

  7. In theory, savers. In reality, probably lawyers by raymorris · · Score: 5, Interesting

    The complaint alleges that Microsoft's first quarter 2013 financial reports were false and misleading. Much of $900 million write down they acknowledged
    in the second quarter should have been included in the first quarter statements, they say. If it's true that Microsoft executives knew about the problem and
    concealed it in from the investors / potential investors (the owners of the company), that's unlawful, as it should be. That's a fraud on people trying to save
    for retirement.

    The lawyers will take half the money, so people who were victims of the fraud won't recoup their loss, but punishing fraudulent behavior may tend to
    discourage Microsoft and other companies from perpetrating similar lies in the future.

    Of course it'll be up to the judge or jury to decide if Microsoft actually did know about the problem by the end of March, in such a way that concealing it
    in the first quarter reports mislead investors.