Question
n the Commitments and Contingencies footnote of a registration filing for the initial public offering of its common stock, Peloton Interactive, Inc. reported the following
n the Commitments and Contingencies footnote of a registration filing for the initial public
offering of its common stock, Peloton Interactive, Inc. reported the following information:
Litigation
On March 19, 2019, Downtown Music Publishing LLC... filed a lawsuit against the
Company in the U.S. District Court for the Southern District of New York alleging that the
Company engaged in copyright infringement by using certain accused songs in streaming
and recorded fitness classes without necessary licenses. The plaintiffs allege that they are
music publishers that own or control the copyrights in numerous musical works that were
synchronized by the Company without the plaintiffs' authorization... It seeks injunctive
relief, up to $150 million in damages, and attorneys' fees and costs. The Company intends
to vigorously defend the claim.
While the Company cannot predict what the ultimate result of any judgment against, or
settlement by, the Company, will be in this matter, based on application of ASC 450,
"Contingencies", at June 30, 2019, the Company has accrued its best estimate within a
range of reasonably possible outcomes ranging from $4.0 million to $11.0 million, which is
included in accrued expenses in the accompanying consolidated balance sheets.
Based on this disclosure, what must Peloton Interactive, Inc. believe about its possible losses
due to this lawsuit?
The probability of a loss is remote
The most likely amount is not material.
A loss is probable and the amount is reasonably estimable.
Either a loss is probable but not reasonably estimable, or a loss is reasonably possible
(less than probable but more than remote) and the amount might or might not be
reasonably estimable.
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