After a media report said that Harley-Davidson, Inc. might be taken over an investigation on behalf of investors of Harley-Davidson, Inc. (NYSE: HOG) over possible breaches of fiduciary duties was announced.
The investigation by a law firm is at a preliminary stage and monitors the takeover rumors. It concerns whether Harley-Davidson Inc, certain of its officers and directors, and/or others breach their fiduciary duties owed to Harley-Davidson, Inc. (NYSE:HOG) investors in connection with the takeover rumors or in the event of a takeover.
Following a media report concerning a potential buyout of the motorcycle manufacture shares of Harley Davidson, Inc. (NYSE:HOG) rose from a close of $35.87 on Friday June 3, 2011 to $37.78 on Monday.
However, Harley Davidson has performed well for its investors in the past. Harley-Davidson was able to increase its annual Total Revenue from $4.781billion in 2009 to $4.859billion in 2010. Its Net Income rose from a Net Loss of $55.12million in 2009 to a Net Income of $146.54million in 2010. For the first quarter in 2011 Harley-Davidson, Inc. reported a quarterly Revenue of $1.224billion compared to a quarterly Revenue of $1.207billion for the first quarter in 2010. Harley-Davidson reported a quarterly Net Income of $119.26million for the first quarter in 2011 compared to a quarterly Net Income of $33.33million in 2010.
Additionally NYSE: HOG shares rose from as low as $8.33 in March 09 to as high as as $43.11 per shares in February 201, respectively as high as $42.49 per share in the end of March.
Therefore the investigation by a law firm questions whether a potential sale process and the potential price would be unfair to the shareholders of Harley-Davidson, Inc. (NYSE:HOG). The investigation focuses whether the Harley-Davidson board of directors will undertake an adequate and fair sales process to obtain fair consideration for all shareholders of Harley-Davidson (NYSE:HOG) and will breach their fiduciary duties to Harley Davidson, Inc. (HOG) shareholder by failing to adequately shop the Company before entering into any transaction. In addition the investigation seeks also to determine if any officer, director or any insiders violated any laws in connection with the takeover rumors. The investigation concerns also whether the acquirer would underpay for NYSE:HOG shares, thus unlawfully harming Harley-Davidson (NYSE HOG) investors. A potential class action lawsuit would seek to maximize the amount of money and information NYSE HOG shareholders would receive in a buyout, so the law firm.