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Shareholder Class Action Filed Against Tyson Foods, Inc.

Notice is hereby given that a class action lawsuit has been filed on behalf of those who purchased or otherwise acquired Tyson Foods, Inc. (“Tyson”) (NYSE: TSN) securities between November 23, 2015 and October 7, 2016, both dates inclusive (the “Class Period”).

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

      

According to the complaint, Tyson, together with its subsidiaries, operates as a food company worldwide. It operates through four segments: Chicken, Beef, Pork, and Prepared Foods. Through its Chicken segment, Tyson raises and processes chickens into fresh, frozen, and value-added chicken products. The company sells its products through its sales staff to grocery retailers, grocery wholesalers, meat distributors, warehouse club stores, military commissaries, industrial food processing companies, chain restaurants or their distributors, live markets, international export companies, and domestic distributors, as well as through independent brokers and trading companies.

The complaint alleges that throughout the Class Period, the defendants made materially false and misleading statements regarding the company’s business, operational and compliance policies. Specifically, the complaint alleges that the defendants made false and/or misleading statements and/or failed to disclose that: (i) Tyson systematically colluded with several of its industry peers to fix prices in the broiler-chicken market; (ii) the foregoing conduct constituted a violation of federal antitrust laws; (iii) consequently, Tyson’s Chicken segment revenues during the class period were the result of illegal conduct; and (iv) as a result of the foregoing, Tyson’s public statements were materially false and misleading at all relevant times.

According to the complaint, on September 2, 2016, food distributor Maplevale Farms, Inc. (“Maplevale”) filed an antitrust class action complaint against Tyson, alleging that Tyson and other companies named in the complaint had conspired since 2008 to manipulate the prices of broiler chickens - chickens raised specifically for meat production - by coordinating and limiting production and exchanging detailed information about prices, capacity, and sales volume.  Between September 7, 2016 and October 7, 2016, eight additional class action complaints were filed against Tyson and other poultry companies on behalf of individual consumers and indirect purchasers of broiler chickens, all alleging that Tyson had engaged in the price-manipulation scheme described in Maplevale’s complaint.

Then, on October 7, 2016, Pivotal Research (“Pivotal”) downgraded Tyson from “Hold” to “Sell.” Explaining the downgrade, analyst Timothy Ramey directed investors’ attention to the allegations of price manipulation by Tyson and its industry peers and described the Maplevale complaint as “powerfully convincing.”  Following this news, Tyson’s share price fell $6.63, or 8.91%, to close at $67.75 on October 7, 2016.

If you are a member of the class described above, you may no later than December 16, 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 info@ktmc.com.

CONTACT:
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 info@ktmc.com

Please complete this form and list your purchase and sale transaction(s) for Tyson Foods, Inc. (“Tyson”) (NYSE: TSN) securities between November 23, 2015 and October 7, 2016, both dates inclusive (the “Class Period”):

SUBMIT YOUR INFORMATION
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Date
# of Shares
Price per Share
Date
Principal Amount
Amount Paid
Series or CUSIP
Date
# of Contracts
Price per Contract
Exercise Price
Expiration Date
Did you purchase shares of Tyson Foods, Inc. prior to the Class Period?
Are you a current or former employee of Tyson Foods, Inc.?
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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