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WASHINGTON -- (Business Wire)
Cohen Milstein Sellers & Toll PLLC is conducting an investigation to
determine whether Avid Technology, Inc. (“Avid” or the “Company”) and
certain of its officers and directors made false and misleading
statements and/or omissions in violation of Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934.
A class action lawsuit was filed in the U.S. District Court for the
District of Massachusetts by another law firm on behalf of purchasers of
the common stock of Avid (NASDAQ: AVID) between April 22, 2011 and
February 22, 2013, inclusive (the “Class Period”).
The complaint alleges that Avid and certain of its officers and
directors (“Defendants”) misrepresented and/or failed to disclose that:
(1) Avid incorrectly accounted for its Software Updates by failing to
properly treat them as post-contract customer support under GAAP; (2)
Avid lacked adequate internal and financial controls; and (3) as a
result of the foregoing, Avid’s statements were materially false and
misleading at all relevant times.
On February 11, 2013, Avid announced that defendant Gary G. Greenfield
had “voluntarily resigned” his posts as Chairman, CEO and
President but would continue to serve as a director of the Company. The
Company gave no explanation for Greenfield’s abrupt resignation.
On Monday, February 25, 2013, Avid announced that it was postponing the
release of its fourth quarter results because it needed additional time “to
evaluate its current and historical accounting treatment related to bug
fixes, upgrades and enhancements to certain products which the Company
has provided to certain customers,” adding that “[t]he need to
evaluate the accounting treatment arose during the Company’s normal
review of its financial results for the fourth quarter and full year 2012.”
Avid stated that it was unable to estimate when the evaluation would be
completed. The price of Avid shares fell from $7.66 to $6.98 on February
25.
On March 19, Avid filed a form NT10-K in which it provided the following
additional information regarding its review:
The revenue recognition related to [certain types of post-contract
customer support or “PCS”] customer arrangements may change whereby all
or a portion of the revenue would be recognized ratably over the
estimated PCS service period…
The Company is currently unable to estimate the time needed to
complete its evaluation, predict the materiality of any adjustments that
could be required, and the impact, if any, on prior periods…[T]he
Company is unable to file its annual report on Form 10-K for the year
ended December 31, 2012 by the prescribed due date and does not believe
that it will be in a position to file its Form 10-K for the fiscal year
ended December 31, 2012 by April 2, 2013…
Two days later, Avid reported that it had received a delisting notice
from NASDAQ due to its failure to timely file its 2012 Form 10-K.
On April 22, 2013, Avid announced that John Frederick would become
Avid's Executive Vice President, Chief Financial Officer and Chief
Administrative Officer, effective immediately, and that Ken Sexton would
transition from his role in those positions to become a consultant with
the company.
Cohen Milstein encourages all investors who purchased Avid common stock
between April 22, 2011 and February 22, 2013, or former employees with
information concerning this matter to contact the firm.
If you are an Avid shareholder and would like to discuss your right to
recover for your economic loss, you may, without any cost or obligation,
call Cohen Milstein’s Managing Partner, Steven J. Toll at (888) 240-0775
or (202) 408-4600, or email him at stoll@cohenmilstein.com.
If you wish to serve as lead plaintiff, you must move the Court no later
than May 24, 2013 to request that the Court appoint you as lead
plaintiff. A lead plaintiff is a representative party acting on behalf
of other class members in directing the litigation. To be appointed lead
plaintiff, the Court must decide that your claim is typical of the
claims of other class members, and that you will adequately represent
the class. Your share in any recovery will not be enhanced or diminished
by the decision whether or not to serve as a lead plaintiff. Any member
of the proposed class may retain Cohen Milstein Sellers & Toll PLLC or
other attorneys to serve as your counsel in this action, or you may do
nothing and remain an absent class member.
Cohen Milstein Sellers & Toll PLLC has significant experience in
prosecuting investor class actions and actions involving securities
fraud. The firm has offices in Washington, D.C., New York, Chicago,
Philadelphia and Palm Beach Gardens, and is active in major litigation
pending in federal and state courts throughout the nation.
The firm’s reputation for excellence has repeatedly been recognized by
courts which have appointed the firm to lead positions in complex
multi-district or consolidated litigation. Cohen Milstein Sellers & Toll
PLLC has taken a lead role in numerous important cases on behalf of
defrauded investors, and has been responsible for a number of
outstanding recoveries which, in the aggregate, total over a billion
dollars. Prior results do not guarantee a similar outcome. For more
information visit www.cohenmilstein.com.
If you have any questions about this notice or the action, or with
regard to your rights, please contact either of the following:
Steven J. Toll, Esq.
Asha Williams
Cohen Milstein Sellers &
Toll PLLC
1100 New York Avenue, N.W.
West Tower, Suite 500
Washington,
D.C. 20005
Telephone: (888) 240-0775 or (202) 408-4600
Email: stoll@cohenmilstein.com;
awilliams@cohenmilstein.com
Attorney
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Contacts:
Cohen Milstein Sellers & Toll PLLC
Steven J. Toll, Esq.
888-240-0775
or 202-408-4600
stoll@cohenmilstein.com
or
Asha
Williams
888-240-0775 or 202-408-4600
awilliams@cohenmilstein.com
Source: Cohen Milstein Sellers & Toll PLLC
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