Hypercom Corporation Annual Report - CiteSeer

Lisa Shipley v. Hypercom Corporation. (United States District Court for the Northern District of Georgia, Civil Action No.
1:09-CV-0265, filed on January 30, 2009)
Lisa Shipley (“Shipley”), a former employee, filed this action against us in January 2009, alleging that we violated Title VII of
the Civil Rights Act by discriminating against her on the basis of her gender, violated the Georgia Wage Payment laws, the Equal Pay
Act and Georgia law by paying her lower compensation based on her gender. Ms. Shipley is seeking compensatory damages for
emotional distress, damage to reputation, embarrassment, lost wages, back pay, accrued interest, punitive damages, attorney’s fees and
expenses, and interest. In February 2009, we filed a motion to dismiss based on improper venue or, in the alternative, to transfer venue
to the United States District Court for the District of Arizona. In June 2009, the Court denied the motion. In June 2009, we filed our
answer, generally denying the material allegations of Ms. Shipley’s complaint. In October 2009, Ms. Shipley filed an amended
complaint adding an allegation that we unlawfully retaliated against her. In November 2009, we filed our answer, denying the material
allegations of the amended complaint. In February 2010, we filed a Motion for Judgment on the Pleadings as to Ms. Shipley's
retaliation claim. This action is currently in the discovery stage.
Item 4. (Removed and Reserved)
PART II
Item 5. Market for Registrant’s Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities
Our common stock trades on the New York Stock Exchange (“NYSE”) under the symbol “HYC.” The following table sets forth,
for the fiscal quarters indicated, the high and low sales prices for our common stock as reported on the NYSE.
RANGE OF SALES PRICES
High Low
Year Ended 12/31/09
First Quarter $ 1.75 $ 0.89
Second Quarter 1.60 0.99
Third Quarter 3.32 1.37
Fourth Quarter 3.47 2.90
Year Ended 12/31/08
First Quarter $ 5.12 $ 3.37
Second Quarter 5.18 4.17
Third Quarter 5.01 3.70
Fourth Quarter 3.78 0.57
Since becoming publicly-traded, we have not paid any cash dividends on our common stock. We currently intend to retain our
earnings for our business and do not anticipate paying any cash dividends on our common stock in the foreseeable future. See “Item 7,
Management’s Discussion and Analysis of Financial Condition and Results of Operations — Liquidity and Capital Resources” for
more information on retained earnings.
As of March 9, 2010, we had approximately 102 stockholders of record of our common stock and approximately 4,200 beneficial
stockholders of our common stock.
The information under the caption “Equity Compensation Plan Information as of Fiscal Year End” in our 2010 Annual Meeting
Proxy Statement, which will be filed with the SEC within 120 days following our fiscal year end, is incorporated by reference into this
Item 5.
Item 6. Selected Financial Data
The following table contains selected consolidated financial data for the five years ended December 31, 2009, derived from our
audited consolidated financial statements. Certain amounts in the prior-year financial statements have been reclassified to conform to
the current year presentation. The selected financial data should be read in conjunction with our consolidated financial statements,
related notes and the section of this Annual Report on Form 10-K entitled “Management's Discussion and Analysis of Financial
Condition and Results of Operations.” Historical consolidated financial data may not be indicative of our future performance.
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