HR software company Taleo is facing a shareholder lawsuit after the company
missed a deadline for filing a financial report last week and saw its stock drop
by nearly 30 percent.
A lawsuit was filed November 14 in the U.S. District Court for the Northern
District of California, accusing Taleo of a scheme to defraud investors.
The suit was filed by the Vermont-based law firm Johnson & Perkinson. In
a press release this week, the firm said the complaint alleges that Taleo
“misled or failed to inform the investing public regarding the company’s
historical and current accounting practices with respect to the timing for
recognition of application and consulting revenues under generally accepted
accounting principles in the United States (GAAP).”
By improperly accelerating revenues, the law firm claimed in its statement,
“Taleo was able to present to investors a rosier picture of its financial
condition than the appropriate revenue figures would have depicted.”
Nate Swanson, Taleo’s head of investor relations, called the litigation
“without merit and premature.”
Taleo is among the leaders in the fast-growing market for talent management
software, which refers to applications for key HR tasks such as recruiting and
employee performance management.
Shareholder lawsuits are not uncommon in the wake of sudden stock drops.
Taleo shares fell $3.22, or 29 percent, on November 11. That was the day
after Taleo disclosed it would not file its Form 10-Q report for the quarter
ended September 30 with the Securities and Exchange Commission by the November
10 due date. Taleo also said its independent accounting firm asked it to
re-evaluate whether the company’s practices with respect to the timing for
recognition of application and consulting revenues were appropriate. Taleo said
it is reviewing the issues raised by its auditors to determine if an alternative
accounting treatment should be adopted.
Stock prices of other publicly traded talent management companies have fallen in
recent weeks. But shares of SuccessFactors, Salary.com and Kenexa have not
dropped as dramatically as Taleo’s did November 11. On November 4, shares of
Kenexa fell $2.09, or 23 percent, to $6.85, after the company said its
third-quarter net income slipped by 24 percent, to $5.4 million.
Kenexa chief
executive Rudy Karsan also said that during the last several weeks of the
quarter, “the business environment deteriorated further and caused customers to
pause as they evaluated how the changing economic climate would impact their
business.”
On Tuesday, Taleo said it received a letter from the Nasdaq Stock Market on
November 13 indicating that because of the delayed 10-Q filing, Taleo is not in
compliance with Nasdaq’s continued listing requirements. The letter advised that
Taleo has 60 days to submit a plan to Nasdaq to regain compliance.
Taleo said it is “working diligently to complete the preparation of the Form
10-Q, and intends to timely submit a plan to regain compliance to Nasdaq.”
—Ed Frauenheim