Legal Proceedings
−Removed: On January 19, 2024, a purported shareholder
−Removed: class action complaint, captioned Eric Olmstead v.
+Added: To our knowledge, other than described below, neither
+Added: the Company nor any of its officers or directors is a party to any material legal proceeding or litigation and such persons know of no
+Added: material legal proceeding or contemplated or threatened litigation, other than as described below.
+Added: There are no judgments against us or
+Added: our officers or directors.
+Added: None of our officers or directors has been convicted of a felony or misdemeanor relating to securities or performance
+Added: in corporate office.
+Added: On January 19, 2024, a purported shareholder class action complaint,
+Added: captioned Eric Olmstead v.
3:24-cv-00035, was filed in the U.S.
−Removed: Court for the District of Nevada, naming the Company and certain of its officers and/or directors as defendants.
−Removed: On April 15, 2024
−Removed: the court ordered the motion to consolidate the six pending motions, appointed the lead plaintiff and approved selection of the lead
−Removed: counsel, now captioned Olmstead v.
−Removed: BioVie Inc., et al., Case 3:24-cv-0035 LRH-CSD and Way v.
−Removed: BioVie Inc., et al., Case No.
−Removed: 2:24-cv-00361-LRH-CSD.
−Removed: The lawsuit alleges that the Company made material misrepresentations and/or omissions of material fact
−Removed: relating to the Company’s business, operations, compliance, and prospects, including information related to the study and
−Removed: trial of NE3107, in violation of Sections 10(b) and 20(a) of the Securities Exchange Act of
−Removed: 1934, as amended, and Rule 10b-5 promulgated thereunder.
−Removed: The class action is on behalf of purchasers of the Company’s
−Removed: securities during the period from August 5, 2021 through November 29, 2023 and seeks unspecified monetary damages on behalf of the
−Removed: putative class and an award of costs and expenses, including attorney’s fees.
−Removed: The Company believes the lawsuit is without merit
−Removed: and intends to defend the case vigorously.
−Removed: At this early stage of the proceedings, the Company is unable to make any prediction regarding
−Removed: the outcome of the litigation.
−Removed: There are no other judgments against us or our officers
−Removed: or directors.
−Removed: None of our officers or directors has been convicted of a felony or misdemeanor relating to securities or performance in
−Removed: corporate office.
+Added: District Court for the District of Nevada, naming
+Added: the Company and certain of its officers as defendants.
+Added: On February 22, 2024, a second, related putative securities class action was filed
+Added: in the same court asserting similar claims against the same defendants, captioned Way v.
+Added: 2:24-cv-00361.
+Added: 15, 2024, the court consolidated these two actions under the caption In re BioVie Inc.
+Added: Securities Litigation, No.
+Added: 3:24-cv-00035, appointed
+Added: the lead plaintiff, and approved selection of the lead counsel.
+Added: On June 21, 2024, the lead plaintiff filed an amended complaint, alleging
+Added: that the defendants made material misrepresentations and/or omissions of material fact relating to the Company’s business, operations,
+Added: compliance, and prospects, including information related to the NM101 Phase 3 study and trial of bezisterim (NE3107) in mild to moderate
+Added: probable AD, in violation of Sections 10(b) and 20(a) of the Exchange Act, and Rule 10b-5 promulgated thereunder.
+Added: The class action is
+Added: on behalf of purchasers of the Company’s securities during the period from December 7, 2022 through November 28, 2023 and seeks
+Added: unspecified monetary damages on behalf of the putative class and an award of costs and expenses, including attorney’s fees.
+Added: defendants filed a motion to dismiss the amended complaint on August 21, 2024, and plaintiffs filed their opposition on October 21, 2024.
+Added: The defendants’ reply brief is due December 5, 2024.
+Added: The defendants believe that the claims are without merit and intend to defend
+Added: vigorously against them, but there can be no assurances as to the outcome.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.