Shareholder Class Action Filed Against First NBC Bank Holding Company

Notice is hereby given that a class action lawsuit has been filed on behalf of those who purchased or otherwise acquired shares of First NBC Bank Holding Company (Nasdaq: FNBC) (“First NBC” or the Company) between May 10, 2013 and April 8, 2016, inclusive (the “Class Period”).

First NBC investors may receive additional information about the case by clicking the link "Join this Class Action" above.

According to the complaint, First NBC is a bank holding company which offers a range of financial services through its wholly owned banking subsidiary, First NBC Bank.

The complaint alleges that defendants issued materially false and misleading statements and/or failed to disclose adverse facts regarding during the Class Period.  First NBC's business and financial results, including that First NBC had improperly accounted for certain of its tax credit entities, that the carrying value of its investments in tax credits on its books was overstated and these investments should have been marked as impaired and charges taken against them on a more timely basis, and that First NBC had a larger exposure to the oil and gas industry than it had disclosed during the Class Period and had failed to take adequate reserves against this growing exposure. 

Then, starting in early 2016, First NBC began to disclose errors its accounting dating back to 2011.  On February 1, 2016, First NBC announced that its earnings for the fourth quarter and fiscal year 2015 had significantly underperformed analysts' expectations, based, in large part, on the Company having taken an $8.2 million tax credit impairment.  The price of First NBC stock fell $3.20 per share on this news to close at $27.20 per share.  On March 16, 2016, First NBC announced it had discovered errors in its accounting for its Federal and State Historic Rehabilitation tax credit entities that could potentially require the Company to restate its previously reported fiscal year 2015 financial results.  Following this news, the price of First NBC stock dropped 22%, or $5.33 per share, to close at $19.09 per share on March 16, 2016.

Then on April 8, 2016, First NBC announced that it would be forced to restate its consolidated financial statements for fiscal years 2014, 2013, 2012 and 2011, including each of the interim periods within fiscal years 2015, 2014 and 2013 – the Company's entire reporting history as a publicly traded company – and that the Company's financial statements for fiscal years 2011 through 2015 could no longer be relied upon.  First NBC blamed "an error in the Company's methodology for the recognition of impairment of its investment in tax credit entities" and disclosed that "the Company had not properly consolidated variable interest entities related to Low-Income Housing Tax Credit entities."  Following this news, the price of First NBC stock declined another 2%, or $0.47 per share, to close at $18.65 per share the next trading day.

If you are a member of the class described above, you may no later than July 5, 2016 move the Court to serve as lead plaintiff of the class, if you so choose. 

A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation.  In order to be appointed lead plaintiff, the Court must determine that the class member’s claim is typical of the claims of other class members, and that the class member will adequately represent the class.  Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. Any member of the purported class may move the court to serve as a lead plaintiff through counsel of their choice, or may choose to do nothing and remain an inactive class member.

Kessler Topaz Meltzer & Check, LLP has not filed a complaint in this matter.  If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Kessler Topaz Meltzer & Check, LLP toll free at 1-888-299-7706 or 1-610-667-7706, or via e-mail at For more information about Kessler Topaz Meltzer & Check, LLP, please visit our website at

Kessler Topaz Meltzer & Check, LLP
James Maro, Esq. or Adrienne Bell, Esq.
280 King of Prussia Road
Radnor, PA 19087 1-888-299-7706 (toll free) or 1-610-667-7706
Or by e-mail at

Please complete this form and list your purchase and sale transaction(s) for First NBC Bank Holding Company (Nasdaq: FNBC) (“First NBC” or the Company) between May 10, 2013 and April 8, 2016, inclusive (the “Class Period”)):

Information Sheet
* Denotes required field
Date Aquired
Number of Shares Acquired
Acquisition Price Per Share
Date Sold
Number of Shares Sold
Selling Price Per Share
Did you purchase shares of First NBC Bank Holding Company prior to the Class Period?
Are you a current or former employee of First NBC Bank Holding Company?
The submission of this form does not create an attorney-client relationship, nor an obligation on the part of Kessler Topaz or you to file a lead plaintiff motion in this matter. Any information you submit will be maintained as confidential. If Kessler Topaz, in its sole discretion, believes that you might be an appropriate lead plaintiff candidate, Kessler Topaz will contact you to discuss the matter and whether to establish an attorney client relationship. By signing this form you are authorizing us to contact you regarding this case and/or future cases.
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