Item 1. Legal Proceedings
Item 1. Legal Proceedings
To our knowledge, other than described below, neither
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
material legal proceeding or contemplated or threatened litigation, other than as described below. There are no judgments against us or
our officers or directors. None of our officers or directors has been convicted of a felony or misdemeanor relating to securities or performance
in corporate office.
On January 19, 2024, a purported shareholder class action complaint,
captioned Eric Olmstead v. BioVie Inc. et al., No. 3:24-cv-00035, was filed in the U.S. District Court for the District of Nevada, naming
the Company and certain of its officers as defendants. On February 22, 2024, a second, related putative securities class action was filed
in the same court asserting similar claims against the same defendants, captioned Way v. BioVie Inc. et al., No. 2:24-cv-00361. On April
15, 2024, the court consolidated these two actions under the caption In re BioVie Inc. Securities Litigation, No. 3:24-cv-00035, appointed
the lead plaintiff, and approved selection of the lead counsel. On June 21, 2024, the lead plaintiff filed an amended complaint, alleging
that the defendants made material misrepresentations and/or omissions of material fact relating to the Company’s business, operations,
compliance, and prospects, including information related to the NM101 Phase 3 study and trial of bezisterim (NE3107) in mild to moderate
probable AD, in violation of Sections 10(b) and 20(a) of the Exchange Act, and Rule 10b-5 promulgated thereunder. The class action is
on behalf of purchasers of the Company’s securities during the period from December 7, 2022 through November 28, 2023 and seeks
unspecified monetary damages on behalf of the putative class and an award of costs and expenses, including attorney’s fees. The
defendants filed a motion to dismiss the amended complaint on August 21, 2024, and plaintiffs filed their opposition on October 21, 2024.
The defendants’ reply brief is due December 5, 2024. The defendants believe that the claims are without merit and intend to defend
vigorously against them, but there can be no assurances as to the outcome.
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