Pomerantz LLP announces that a class action lawsuit has been filed against TMC the metals company Inc. (“TMC” or the “Company”) (NASDAQ: TMC) and certain officers. The class action, filed in the United States District Court for the Central District Of California, and docketed under 24-cv-09684 is on behalf of a class consisting of all persons and entities other than Defendants that purchased or otherwise acquiredTMC securities between May 12, 2023 and March 25, 2024, both dates inclusive (the “Class Period”), seeking to recover damages caused by Defendants' violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) and Rule 10b-5 promulgated thereunder, against the Company and certain of its top officials.
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If you are a shareholder who purchased or otherwise acquired TMC securities during the Class Period, you have until January 7, 2025 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 Danielle Peyton at newaction@pomlaw.com or 646-581-9980 (or 888.4-POMLAW), toll-free, Ext. 7980. Those who inquire by e-mail are encouraged to include their mailing address, telephone number, and the number of shares purchased.
[Click here for information about joining the class action]
TMC is a deep-sea minerals exploration company focused on the collection, processing, and refining of polymetallic nodules.
In February 2023,TMC and its wholly owned subsidiary, Nauru Ocean Resources Inc. (“NORI”), entered into a strategic partnership with Low Carbon Royalties Inc. (“LCR”) (the “LCR Partnership”). In a press release discussing the terms of the LCR Partnership, TMC stated, in relevant part, that “[t]he Company agreed with LCR to a purchase and sale agreement whereby LCR acquired a 2.0% gross overriding royalty on [TMC's] NORI project area in the Clarion Clipperton Zone of the Pacific Ocean” and, “[i]n consideration . . ., the Company received $5,000,000 cash and an initial 35.0% equity interest in LCR.”
The Complaintalleges that, throughout the Class Period, Defendants made materially false and misleading statements regarding the Company's business, operations, and compliance policies. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) TMC maintained deficient internal controls over financial reporting; (ii) as a result, the Company inaccurately classified the sale of future revenue attributable to the LCR Partnership as deferred income rather than debt; (iii) the foregoing misclassification, when it became known, would require TMC to restate one or more of its previously issued financial statements; and (iv) as a result, Defendants' public statements were materially false and/or misleading at all relevant times.
On March 25, 2024,TMC disclosed in a filing with the United States Securities and Exchange Commission that the Company's financial statements for the first three quarters of 2023 “should be restated and, accordingly, should no longer be relied upon”, citing the “re-evaluat[ion of] whether the offsetting entry to the proceeds it received from LCR should be classified as debt or deferred income.” Further, TMC explained that, “[a]s the transaction with LCR was considered an equity investment rather than a sale transaction, the sale of future revenue will be reclassified as Royalty liability” per appropriate accounting standards.
On this news,TMC's stock price fell $0.205 per share, or 13.23%, to close at $1.345 per share on March 26, 2024.
Pomerantz LLP, with offices in New York, Chicago, Los Angeles, London, Paris, and Tel Aviv, 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, Pomerantz pioneered the field of securities class actions. Today, more than 85 years later, Pomerantz 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 billions of dollars in damages awards on behalf of class members. See www.pomlaw.com.
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CONTACT:Danielle PeytonPomerantz LLPdpeyton@pomlaw.com646-581-9980 ext. 7980
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