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Wednesday, 1 February 2012 - Kodak employee sues company directors over stock |
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Credit: Reuters/Fred Prouser Tue Jan 31, 2012 3:25pm EST (Reuters) - An Eastman Kodak employee filed a civil lawsuit against Kodak's board members and other fiduciaries of the photography companies' retirement plans, saying they breached their duties as the company was spiraling toward bankruptcy. Mark Gedek, who continues to work at Kodak, said in the lawsuit that he is a participant in the Kodak Employees Savings and Investment Plan as well as the Kodak Employee Stock Ownership Plan. The board members and directors of those plans continued to sell shares to employees and invest in them ahead of the bankruptcy, he said. "Kodak believes the suit is without merit, and we will vigorously defend against it," Kodak spokesman Christopher Veronda said in an emailed statement. Kodak filed for bankruptcy in mid-January, saying it would use the bankruptcy court process to try to sell patents and shed other assets to bring costs and revenue in line. Typically in bankruptcy, shareholders' equity is worth nothing. Kodak shares, which trade for 34 cents on the pink sheets, were trading at 55 cents on January 18 before the company filed for bankruptcy. Gedek said in the lawsuit, which seeks class-action status, that the directors and officials did not disclose to stock-plan participants complete information about Kodak's dire financial condition and kept its investments in the company's equity when it was no longer prudent. In the suit, Gedek said the company should have known it was suffering from a dying technology; was unable to bring new, profitable products to the market quickly enough; could not generate enough cash from patent lawsuits and was suffering from a liquidity crisis. He also claims that those factors caused the stock price to collapse and caused significant losses to the plans and the plans' participants. Among those named in the lawsuit as defendants are Kodak Chief Executive Officer Antonio Perez, members of the company's board of directors, the chairpeople for the savings and investment plan and the plan administrator. Separately, a group of Kodak debtholders disclosed their stakes in the company in a court filing late on Monday. Among the three biggest investors that make up the group - which had been pushing Kodak for change in the months before the bankruptcy - are the Blackstone Group's GSO Capital Partners, D.E. Shaw and JPMorgan Chase. The case is Mark Gedek v Antonio Perez et al, U.S. District Court for the Western District of New York in Rochester, No. 12-06051. The bankruptcy case is in re: Eastman Kodak Co et al, U.S. Bankruptcy Court, Southern District of New York, No. 12-10202. (Reporting By Caroline Humer; Editing by Mark Porter and Maureen Bavdek) Tech Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (1) Harry079 wrote:   Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Advertise With Us Connect with Reuters Twitter   Facebook   LinkedIn   RSS   Podcast   Newsletters   Mobile About Privacy Policy Terms of Use Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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