NEW YORK, Nov 26 (Reuters) - General Electric ( GE ),
doing business as GE Aerospace, will pay $362.5 million in cash
to resolve a long-running shareholder lawsuit accusing it of
hiding risks at its power business, court papers show.
A preliminary settlement of the proposed class action was
filed on Monday night in federal court in Manhattan.
It requires approval by U.S. District Judge Jesse Furman,
who in September 2023 refused to dismiss the case while warning
a trial would be "expensive and risky" for both sides.
Filed in 2017, the lawsuit concerned GE's reliance on
factoring, or the sale of future revenue for cash, in connection
with long-term service agreements at its GE Power unit.
Shareholders led by two pension funds -- the Cleveland
Bakers and Teamsters Pension Fund and Sweden's Sjunde AP-Fonden
-- said the power unit grew increasingly reliant on factoring to
boost revenue, while sacrificing future cash flows.
They said the unit did not have enough contracts to factor,
and GE's stock price fell after the company "blindsided"
investors with billions of dollars of unexpected exposure.
The case covered alleged misleading disclosures between
February 2016 and January 2018 by GE and former Chief Financial
Officer Jeffrey Bornstein. Both denied wrongdoing in agreeing to
settle.
Lawyers for the plaintiffs did not immediately respond to
requests for comment on Tuesday. GE and defense lawyers did not
immediately respond to similar requests. The plaintiffs' lawyers
may seek up to 25% of the settlement fund in fees.
In January 2021, Furman dismissed separate fraud claims
concerning a GE insurance portfolio, and dismissed former Chief
Executive Jeffrey Immelt as a defendant.
A month earlier, GE paid $200 million to settle U.S.
Securities and Exchange Commission charges it misled investors
about its power and insurance businesses.
GE, based in Evendale, Ohio, set aside funds for Monday's
settlement in the third quarter.
It spun off its healthcare business GE Healthcare ( GEHC )
in January 2023 and its renewable energy and power business GE
Vernova ( GEV ) in April 2024.
The case is Sjunde AP Fonden et al v General Electric Co ( GE ) et
al, U.S. District Court, Southern District of New York, No.
17-08457.