Archives: Recent Securities Class Actions

On August 12, 2021, post-market, the Company disclosed that the Company’s largest third-party payer, which accounted for 80% of its accounts receivables and was “basically administrating on behalf of the federal government,” had not paid on submitted claims since March 1, 2021.  On this news, the Company’s share price fell $8.00, or over 24%, to close at $24.70 per share on August 13, 2021, on unusually heavy trading volume.
Then, on September 22, 2021, post-market, the Company disclosed that “it is the target of a criminal investigation by the U.S. Department of Justice related to insurance reimbursement claims the Company has submitted on behalf of customers covered by federal employee health plans,” and as a result was withdrawing its financial guidance for the fiscal year ending Dec. 31.

On October 6, 2021, Bristol-Myers Squibb Motors was sued for violations of the federal securities laws in the Southern District of New York on behalf of investors who received Contingent Value Rights (“CVRs”) (NYSE: BMY.RT) in exchange for their shares of Celgene Corporation (NASDAQ: CELG) pursuant to BMS’ acquisition of Celgene on November 20, 2019.

On October 05, 2021, Nano-X Imaging was sued for violations of the federal securities laws in the Eastern District of New York on behalf of investors who purchased the Company’s securities between June 17, 2021 and August 18, 2021.

On September 30, 2021, Hyzon Motors was sued for violations of the federal securities laws in the Western District of New York on behalf of investors who purchased the Company’s securities between February 9, 2021 and September 27, 2021. On July 16, 2021, the merger between the Company and Decarbonization Plus Acquisition Corporation was completed with Decarbonization changing its name to Hyzon Motors Inc., and on July 19, 2021, Hyzon common stock began trading under the ticker symbol “HYZN” and Hyzon warrants began trading under the ticker symbol “HYZNW.” Before the merger, Hyzon Motors securities traded under the ticker symbols “DCRBU” for Units, “DCRB” for common stock, and “DCRBW” for warrants.

On September 24, 2021, PolarityTE was sued for violations of the federal securities laws in the District of Utah on behalf of investors who purchased the Company’s securities between April 30, 2020 and August 23, 2021. On August 24, 2021, the Company disclosed that the Drug Application for its product, SkinTE, had been placed on hold by the U.S. Food and Drug Administration because certain Chemistry, Manufacturing, and Control items needed to be addressed prior to proceeding with a pivotal study.

On September 24, 2021, AppHarvest was sued for violations of the federal securities laws in the Southern District of New York on behalf of investors who purchased the Company’s securities between May 17, 2021 and August 10, 2021. On August 11, 2021, the Company announced its 2Q 2021 financial results, disclosing a $32.0 million net loss and lowered its full year sales guidance to $7M to $9M, from a prior range of $20M to $25M, due to “operational headwinds with the ramp up to full production at the company’s first CEA facility, including labor and productivity challenges related to the training and development of the new workforce and historically low market prices for tomatoes.”

This action stems from a proposed transaction announced on January 4, 2021, pursuant to which Boston Private Financial Holdings, Inc. would merge into SVB Financial Group, Inc. ("SVB"), with SVB continuing as the surviving corporate entity.

On April 9, 2021, the Company filed its initial registration statement on Form S-1 with the SEC, which forms part of the Registration Statement. On April 26, 2021, the Company filed its final amendment to the Registration Statement with the SEC on Form S-1/A, which forms part of the Registration Statement. The Registration Statement was declared effective on May 4, 2021. On May 6, 2021, the Company filed its prospectus on Form 424B4 with the SEC, which forms part of the Registration Statement. In the IPO, the Company sold 6,451,613 shares of common stock, plus an additional 3,871,050 shares of common stock pursuant to the underwriter’s option to purchase additional shares at a price of $16.00 per share.

On September 14, 2021, The Boston Beer Company was sued for violations of the federal securities laws in the Southern District of New York on behalf of investors who purchased shares during the Class Period between April 22, 2021 and September 8, 2021. On July 22, 2021, post-market, the Company disclosed a reduced full year 2021 guidance, from a prior range of earnings per share of between $22 and $26 to between $18 and $22 due to softer-than-expected sales in the hard seltzer category and overall beer industry and also that it had “overestimated the growth of the hard seltzer category in the second quarter.” On September 8, 2021, post-market, the Company withdrew its 2021 financial guidance due decelerating sales of hard seltzer products, and also stated that it “expects to incur hard seltzer-related inventory write-offs, shortfall fees payable to 3rd party brewers, and other costs” for the remainder of fiscal 2021. On this news, the Company’s share price fell $21.09, or 3.7%, to close at $538.31 per share on September 9, 2021, on unusually heavy trading volume. Then, on September 8, 2021, post-market, the Company withdrew its 2021 financial guidance due decelerating sales of hard seltzer products, and also stated that it “expects to incur hard seltzer-related inventory write-offs, shortfall fees payable to 3rd party brewers, and other costs” for the remainder of fiscal 2021. On this news, the Company’s share price fell $21.09, or 3.7%, to close at $538.31 per share on September 9, 2021, on unusually heavy trading volume.

On September 14, 2021, Waterdrop was sued for violations of the federal securities laws in the Southern District of New York on behalf of investors who purchased shares purchased the Company’s American Depository Shares (“ADS”) issued in connection with its May 2021 initial public stock offering (the “IPO”). On September 8, 2021, the Company disclosed operating losses for the quarter ended June 30, 2021 totaling RMB815.4 million (US$126.3 million), compared with an operating profit of RMB7.2 million for the same period of 2020 due to the Company’s operating costs and expenses during the quarter increasing by RMB1,081.1 million, or 160.5% year over year, to RMB1,754.7 million (US$271.8 million) from RMB673.6 million for the same period of 2020.

On September 13, 2021, Longeveron was sued for violations of the federal securities laws in the Southern District of Florida on behalf of investors who purchased shares purchased the Company’s American Depository Shares (“ADS”) issued in connection with its February 2021 initial public stock offering (the “IPO”). On or about February 12, 2021, pursuant to its IPO Registration Statement, Longeveron's Class A common stock began trading on the Nasdaq Capital Market ("NASDAQ").

On September 03, 2021, loanDepot, Inc. was sued for violations of the federal securities laws in the Central District Court of California on behalf of investors who purchased shares pursuant or traceable to the Company’s Registration Statement and Prospectus (together, the “Offering Documents”) issued in connection with the Company’s February 16, 2021 initial public offering (“IPO”). By August 17, 2021, loanDepot’s stock had declined 42% from its IPO after it disclosed disappointing Q2 2021 results and provided significantly lower guidance for its business.

On August 31, 2021, Spectrum Pharmaceuticals was sued for violations of the federal securities laws in the District Court of Nevada on behalf of investors who purchased shares during the Class Period between December 27, 2018 and August 5, 2021. On August 6, 2021, Spectrum announced receipt of a Complete Response Letter (“CRL”) from the FDA regarding the Biologics License Application for its drug treatment, ROLONTIS. The CRL cited deficiencies related to manufacturing and indicated that a reinspection of the Company’s manufacturing facility will be necessary.

On August 31, 2021, Contango was sued for violations of the federal securities laws in the District Court of Nevada as a result of a proposed transaction announced on June 8, 2021, pursuant to which Contango Oil & Gas Company will combine with Independence Energy LLC “(the Parties”) in an all-stock transaction.  On June 7, 2021, the parties entered into a Transaction Agreement (the “Transaction Agreement”), pursuant to which each share of Contango common stock will be converted into the right to receive 0.2 of a share of the new publicly-traded holding company, New PubCo. (the “Transaction Consideration”). Upon consummation of the Proposed Transaction, former owners of Parent will own approximately 75% of OpCo, 100% of the total outstanding NewPubCo Class B common stock and approximately 75% of the total outstanding New PubCo Class A common stock and NewPubCo Class B common stock taken together.

On August 27, 2021, HyreCar Inc. was sued for violations of the federal securities laws in the Central District Court of California on behalf of investors who purchased securities during the Class Period between May 14, 2021 and August 10, 2021. On August 10, 2021, the Company disclosed deeply disappointing results for the quarterly period ended June 30, 2021, including net losses of $9.3 million compared to losses of $3.8 million in the same period the prior year.

On August 27, 2021, Cassava Sciences was sued for violations of the federal securities laws in the Western District Court of Texas on behalf of investors who purchased shares during the Class Period between February 2, 2021 and August 24, 2021. On August 24, 2021 it was disclosed that the U.S. Food and Drug Administration (“FDA”) had received a so-called Citizen Petition commencing an administrative action to “halt two ongoing trials of the drug Simufilam [the Company’s lead therapeutic product candidate]. . . pending a thorough audit by the FDA.” A subsequent complaint expanded the Class Period to between September 14, 2020 and August 27, 2021.

On August 27, 2021, Katapult Holdings, Inc., f/k/a FinServ Acquisition Corp. was sued for violations of the federal securities laws in the Southern District Court of New York on behalf of investors who purchased securities during the Class Period between December 18, 2020 and August 10, 2021. On August 10, 2021, Katapult disclosed poor financial results for the second quarter of 2021, eliminated its prior financial guidance, and revealed that it lacked visibility into its consumers buying behaviors.

Generac Holdings Inc. purports to be a leading global designer and manufacturer of a wide range of energy technology solutions, which provides power generation equipment and other power products serving the residential, light commercial and industrial markets.

On August 20, 2021, PayPal was sued for violations of the federal securities laws in the Northern District Court of California on behalf of investors who purchased shares during the Class Period between February 9, 2017 and July 28, 2021. On July 29, 2021, the Company disclosed receipt of a Civil Investigative Demand from the Consumer Financial Protection Bureau related “to the marketing and use of PayPal Credit in connection with certain merchants that provide educational services” and that it had “responded to subpoenas and requests for information received from the [Securities and Exchange Commission] relating to whether the interchange rates paid to the bank that issues debit cards bearing our licensed brands were consistent with Regulation II of the Board of Governors of the Federal Reserve System, and to the reporting of marketing fees earned from the Company's branded card program.”

Sesen Bio, Inc. is a late-stage clinical company that purports to advance targeted fusion protein (“TFP”) therapeutics for cancer treatments. Its most advanced product candidate is Vicineum (VB4-845), a locally administered TFP developed as a treatment of bacillus CalmetteGuérin (“BCG”)-unresponsive non-muscle invasive bladder cancer (“NMIBC”). Sensen Bio reported preliminary efficacy data from its ongoing Phase 3 clinical trial for Vicineum, the VISTA trial, in August 2019. On December 21, 2020, the Company announced that it had submitted its Biologics License Application (“BLA”) to the U.S. Food and Drug Administration (“FDA”) for Vicineum for the treatment of BCG-unresponsive NMIBC.