SYX » Topics » Litigation

This excerpt taken from the SYX 10-Q filed Nov 6, 2008.
Litigation – Kevin Vukson v. TigerDirect, Inc., OnRebate.com Inc. and Systemax Inc.

 

On October 18, 2007, Kevin Vukson filed a national class action complaint in U.S. District Court against TigerDirect, Inc., OnRebate.com Inc. and Systemax Inc. on behalf of himself and all OnRebate customers whose rebates were denied or delayed. (OnRebate.com Inc. is a rebate processing company owned by Systemax.) .  Vukson’s Complaint (as amended) alleges that since 2004 Systemax, TigerDirect and OnRebate engaged in a conspiracy to engage in deceptive and unfair rebate practices.  Vukson alleges counts for violation of state consumer protection states, conspiracy, and unjust enrichment.  Defendants have moved to dismiss the Complaint.  The Company intends to vigorously defend this case.

 

State of Florida, Office of the Attorney General Subpoena.

 

On January 2, 2008 the Company received a subpoena for documents from the Florida Attorney General’s Office relating to the payment and processing of rebates by the Company. The Company received subpoenas for additional documents on January 30, 2008 and on August 25, 2008.  The Company is cooperating with the Florida Attorney General’s investigation and has provided a substantial number of documents in response to the subpoenas.

 

Systemax is a party to various pending legal proceedings and disputes arising in the normal course of business, including those involving commercial, employment, tax and intellectual property related claims, none of which, in management’s opinion, is anticipated to have a material adverse effect on our consolidated financial statements.

 

Item 6.

Exhibits

 

 

 

 

 

 

 

31

Certifications of the Chief Executive Officer and Chief Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

 

 

 

 

 

 

32

Certifications of the Chief Executive Officer and Chief Financial Officer pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

 

18



This excerpt taken from the SYX 10-Q filed Aug 7, 2008.
Litigation – Kevin Vukson v. TigerDirect, Inc., OnRebate.com Inc. and Systemax Inc.

 

On October 18, 2007, Kevin Vukson filed a class action complaint in U.S. District Court (E.D.N.Y.) against TigerDirect, Inc., OnRebate.com Inc. and Systemax Inc. on behalf of himself and all OnRebate customers whose rebates were denied or delayed. (OnRebate.com Inc. is a rebate processing company owned by Systemax.) Vukson’s Complaint alleges that since 2004 Systemax, TigerDirect and OnRebate conducted a deceptive and unlawful enterprise by failing to pay rebates that should have been paid and delaying unnecessarily the payment of other rebates that were paid. Vukson alleges claims arising under Florida’s Unfair, Deceptive Trade Practice Act, the federal RICO statute, along with claims for breach of contract, conspiracy to commit fraud and unjust enrichment. Systemax, TigerDirect and OnRebate moved to dismiss the Complaint and to transfer the matter to the Southern District of Florida. The Court has ruled in favor of Systemax with respect to the motion to transfer the Complaint to the Southern District of Florida.  The Court has not ruled on the motion to dismiss or certified a class. The Company intends to vigorously defend this case.

 

State of Florida, Office of the Attorney General Subpoena.

 

On January 2, 2008 the Company received a subpoena for documents from the Florida Attorney General’s Office relating to the payment and processing of rebates by the Company. On January 30, 2008 the Company received a second subpoena for additional documents. The Company is cooperating with the Florida Attorney General’s investigation and has provided a substantial number of documents in response to the subpoenas.

 

This excerpt taken from the SYX 10-Q filed May 8, 2008.
Litigation – Kevin Vukson v. TigerDirect, Inc., OnRebate.com Inc. and Systemax Inc.

 

On October 18, 2007, Kevin Vukson filed a class action complaint in U.S. District Court (E.D.N.Y.) against TigerDirect, Inc., OnRebate.com Inc. and Systemax Inc. on behalf of himself and all OnRebate customers whose rebates were denied or delayed. (OnRebate.com Inc. is a rebate processing company owned by Systemax.) Vukson’s Complaint alleges that since 2004 Systemax, TigerDirect and OnRebate have conducted a deceptive and unlawful enterprise by failing to pay rebates that should have been paid and delaying unnecessarily the payment of other rebates that were paid. Vukson alleges claims arising under Florida’s Unfair, Deceptive Trade Practice Act, the federal RICO statute, along with claims for breach of contract, conspiracy to commit fraud and unjust enrichment. Systemax, TigerDirect and OnRebate have moved to dismiss the Complaint and to transfer the matter to the Southern District of Florida. The Court has not yet ruled on these motions and has not yet certified a class. The Company intends to vigorously defend this case. State of Florida, Office of the Attorney General Subpoena

 

On January 2, 2008 the Company received a subpoena for documents from the Florida Attorney General’s Office relating to the payment and processing of rebates by the Company. On January 30, 2008 the Company received a second subpoena for additional documents. The Company is cooperating with the Florida Attorney General’s Office to provide the requested documents.

 

This excerpt taken from the SYX 8-K filed Jul 11, 2005.

Litigation

          On June 3, 2005 and June 6, 2005, respectively, two individual stockholders of the Company filed separate derivative complaints in the Supreme Court of New York, Nassau County on behalf of the Company against the Company’s directors, chief financial officer and controller. Each of the complaints allege, among other things, that the individual defendants breached their fiduciary duties to the Company by willfully ignoring the "pervasive" problems with the Company’s internal accounting controls and by making no effort to correct such problems. The complaints each demand both monetary and equitable relief including a judicial order requiring those defendants who are officers of the Company to disgorge to the Company certain compensation paid by the Company to those officers in 2003 and 2004. The defendants became aware of the complaints on July 5, 2005. The defendants deny all of the allegations of wrongdoing contained in each of the complaints. Pursuant to state procedural rules the defendants must respond to the complaints within 20 days after valid service. As previously disclosed, a stockholder derivative complaint containing similar allegations against the Company’s directors and chief financial officer was filed by an individual stockholder of the Company in U.S. District Court (Eastern District of New York) on May 24, 2005. By stipulation the parties have agreed to extend the time for the defendants to respond to this complaint to August 15, 2005.

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