By Jonathan Stempel
NEW YORK, Sept 22 (Reuters) - Cnova NV CNV.PA , the
e-commerce arm of French retailer Groupe Casino, agreed to pay
$28.5 million to settle litigation in the United States claiming
it defrauded investors in connection with its November 2014
initial public offering.
The all-cash, preliminary settlement was filed on Friday
with the U.S. District Court in Manhattan, and it requires a
judge's approval.
It resolves claims that Cnova inflated its share price by
overstating net sales and profit, failed to properly write down
the value of damaged and returned items and concealed employee
misconduct and accounting irregularities at a Brazilian unit.
Cnova denied wrongdoing and liability but settled to avoid
the risks and costs of litigation, which sought class action
status, court papers show.
The plaintiffs are led by Jaideep Khanna and Michael
Schwabe, and their law firm Brower Piven plans to apply for
legal fees of up to one-third of the settlement fund, court
papers show.
Cnova had gone public at $7 per share, but its share price
had fallen by about two-thirds by the time litigation began.
The Netherlands-based company in December 2015 announced an
investigation into inventory mismanagement at Brazilian
warehouses, and two months later told investors they could no
longer rely on some of its financial statements.
Cnova was delisted from Nasdaq in March, after Casino
tendered for nearly all its outstanding shares in the United
States, regulatory filings show.
The case is In re Cnova NV Securities Litigation, U.S.
District Court, Southern District of New York, No. 16-00444.
(Reporting by Jonathan Stempel in New York; Editing by Cynthia
Osterman)
((jon.stempel@thomsonreuters.com; +1 646 223 6317; Reuters
Messaging: jon.stempel.thomsonreuters.com@reuters.net))
Keywords: CNOVA SETTLEMENT/