SHAREHOLDER ALERT: Pomerantz Law Firm Reminds Shareholders with Losses on
Their Investment in Linn Co, LLC of Class Action Lawsuit and Upcoming Deadline
NEW YORK, Aug. 2, 2013
NEW YORK, Aug. 2, 2013 /PRNewswire/ --Pomerantz Grossman Hufford Dahlstrom &
Gross LLP has filed a class action lawsuit against Linn Co, LLC ("LNCO" or the
"Company")(NASDAQ: LNCO) and certain of its officers. The class action, filed
in United States District Court, Southern District of Texas, and docketed
under 13-cv-02104, is on behalf of a class consisting of all persons or
entities who purchased or otherwise acquired securities of LNCO between
October 12, 2012 and July 1, 2013 both dates inclusive (the "Class Period").
This class action seeks to recover damages against the Company and certain of
its officers and directors as a result of alleged violations of the federal
securities laws pursuant to Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.
If you are a shareholder who purchased LNCO securities during the Class
Period, you have until September 9, 2013 to ask the Court to appoint you as
Lead Plaintiff for the class. A copy of the Complaint can be obtained at
www.pomerantzlaw.com. To discuss this action, contact Robert S. Willoughby
at firstname.lastname@example.org or 888.476.6529 (or 888.4-POMLAW), toll free, x237.
Those who inquire by e-mail are encouraged to include their mailing address,
telephone number, and number of shares purchased.
LNCO is a Delaware limited liability company whose sole purpose is to own
units representing limited liability company interests ("units") in Linn. Linn
is an independent natural gas exploration and production company whose units
trade on NASDAQ under the symbol "LINE."
The Complaint alleges that throughout the Class Period, Defendants made false
and/or misleading statements, as well as failed to disclose material adverse
facts about LNCO's business and financial condition. Specifically, Defendants
made false and/or misleading statements and/or failed to disclose to LNCO
investors that: (1) Linn was overstating the cash flow available for
distribution to Linn unitholders such as LNCO by, among other things,
excluding the cost of certain hedging transactions from its calculation of
adjusted EBITDA, and understating maintenance capital expenditures; (2) Linn's
production from its oil and natural gas properties (as measured in million
cubic feet equivalent per day ("MMcfe/d")) had flattened out and started
decreasing, despite heavy capital expenditures; and (3) as a result of the
foregoing, LNCO's financial statements were materially false and misleading at
all relevant times.
On February 20, 2013, Linn and LNCO announced an agreement to merge with Berry
Petroleum Company ("Berry") by issuing LNCO shares to Berry shareholders.
Under the terms of the deal, Linn would then acquire the operating assets of
Berry from LNCO in exchange for additional units of Linn. However, in two
articles published in February 2013 (just prior to the announcement of the
transaction with Berry) and in May 2013, Barron's questioned Linn's aggressive
accounting practices. Among other things, Barron's criticized Linn for using
non-GAAP accounting to mask considerable weakness in its distributable cash
flows, thus calling into question the sustainability of its dividend.
Further, Barron's questioned Linn's accounting for its derivative contracts
by, for example, excluding the cost of its puts from its cash flow, while
including the gains. As a result of these issues, in its May 2013 article,
Barron's labeled Linn "the country's most overpriced large energy producer."
Following the May 2013 Barron's article, Linn units declined 7%, to close at
$35.75 per unit on May 6, 2013. In turn, LNCO shares dropped nearly 8% to
close at $39.24 per share on May 6, 2013.
On July 1, 2013, Linn and LNCO disclosed that the SEC had opened an informal
inquiry into LNCO's proposed merger with Berry, as well as Linn and LNCO's
hedging strategies and use of non-GAAP financial measures (the same accounting
issues for which Linn and LNCO had been criticized by Barron's). On this
news, Linn units declined $10.50 per unit, or 31.5%, within two trading
sessions, to close at $22.79 per unit on July 3, 2013. In turn, LNCO shares
dropped $10.12 per share, or 27.3%, within two trading sessions, to close at
$26.95 per share on July 3, 2013.
The Pomerantz Firm, with offices in New York, Chicago, Florida, and San Diego,
is acknowledged as one of the premier firms in the areas of corporate,
securities, and antitrust class litigation. Founded by the late Abraham L.
Pomerantz, known as the dean of the class action bar, the Pomerantz Firm
pioneered the field of securities class actions. Today, more than 70 years
later, the Pomerantz Firm continues in the tradition he established, fighting
for the rights of the victims of securities fraud, breaches of fiduciary duty,
and corporate misconduct. The Firm has recovered numerous multimillion-dollar
damages awards on behalf of class members. See www.pomerantzlaw.com.
Robert S. Willoughby
Pomerantz Grossman Hufford Dahlstrom & Gross LLP
SOURCE Pomerantz Grossman Hufford Dahlstrom & Gross LLP
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