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3:24-cv-00035,was filed in the U.S.
−Removed: District Court for
−Removed: the District of Nevada, naming the Company and certain of its officers as defendants.
−Removed: On February 22, 2024, a second, related putative
−Removed: securities class action was filed in the same court asserting similar claims against the same defendants, captioned Way v.
+Added: District Court for the
+Added: District of Nevada, naming the Company and certain of its officers as defendants.
+Added: On February 22, 2024, a second, related putative securities
+Added: class action was filed in the same court asserting similar claims against the same defendants, captioned Way v.
2:24-cv-00361.
On April 15, 2024, the court consolidated these two actions under the caption In re BioVie Inc.
−Removed: Litigation , No.
−Removed: 3:24-cv-00035, appointed the lead plaintiff, and approved selection of the lead counsel.
−Removed: On June 21, 2024, the lead
−Removed: plaintiff filed an amended complaint, alleging that the defendants 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 NM101 Phase 3 study
−Removed: and trial of bezisterim (NE3107) in mild to moderate probable AD, in violation of Sections
−Removed: 10(b) and 20(a) of the Exchange Act, and Rule 10b-5 promulgated thereunder.
−Removed: The class action is on behalf of purchasers
−Removed: of the Company’s securities during the period from December 7, 2022 through November 28, 2023, and seeks unspecified monetary damages
−Removed: on behalf of the putative class and an award of costs and expenses, including attorney’s fees.
−Removed: The defendants filed a motion to
−Removed: dismiss the amended complaint on August 21, 2024, and that motion was fully briefed as of December 5, 2024.
−Removed: On March 27, 2025, the court
−Removed: denied the defendants’ motion to dismiss, and the parties are now engaged in fact discovery .
−Removed: Three shareholder derivative lawsuits piggy-backing
−Removed: on the securities class action were filed in the United States District Court for the District of Nevada, allegedly on behalf of the Company,
−Removed: by three putative stockholders:
+Added: Securities Litigation ,
+Added: 3:24-cv-00035 (the “Securities Class Action”), appointed the lead plaintiff, and approved selection of the lead counsel.
+Added: On June 21, 2024, the lead plaintiff filed an amended complaint, alleging that the defendants made material misrepresentations and/or
+Added: omissions of material fact relating to the Company’s business, operations, compliance, and prospects, including information related
+Added: 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)
+Added: of the Exchange Act, and Rule 10b-5 promulgated thereunder.
+Added: The class action is on behalf of purchasers of the Company’s securities
+Added: during the period from December 7, 2022 through November 28, 2023, and seeks unspecified monetary damages on behalf of the putative class
+Added: and an award of costs and expenses, including attorney’s fees.
+Added: The defendants filed a motion to dismiss the amended complaint on
+Added: August 21, 2024, and denied on March 27, 2025, the court denied that motion.
+Added: The parties are now engaged in fact discovery.
+Added: Three shareholder derivative lawsuits piggy-backing on the Securities
+Added: Class Action were filed in the United States District Court for the District of Nevada, allegedly on behalf of the Company, by three putative
+Added: stockholders:
Andrew Hulm on December 30, 2024;
−Removed: William Settel on April 28, 2025 and Cline Wilkerson on September 11,
−Removed: 2025, (collectively the “Related Derivative Lawsuits”).
−Removed: Each Related Derivative Lawsuit names the same current and former
−Removed: officers and directors as defendants and alleges essentially the same claims:
−Removed: that the defendants breached their fiduciary duties by causing
−Removed: or failing to prevent the securities violations alleged in the securities class action, and related claims for unjust enrichment, waste
−Removed: of corporate assets, gross mismanagement, and abuse of control.
−Removed: On September 29, 2025, at the request of the parties, the court consolidated
−Removed: all three Related Derivative Lawsuits under the caption In re BioVie Inc .
+Added: William Settel on April 28, 2025 and Cline Wilkerson on September 11, 2025, (collectively
+Added: the “Related Derivative Lawsuits”).
+Added: Each Related Derivative Lawsuit names the same current and former officers and directors
+Added: as defendants and alleges essentially the same claims:
+Added: that the defendants breached their fiduciary duties by causing or failing to prevent
+Added: the securities violations alleged in the Securities Class Action, and related claims for unjust enrichment, waste of corporate assets,
+Added: gross mismanagement, and abuse of control.
+Added: On September 29, 2025, at the request of the parties, the court consolidated all three Related
+Added: Derivative Lawsuits under the caption In re BioVie Inc .
Derivative Litigation , Case No.
−Removed: 3:24-cv-0602-CSD.
+Added: 3:24-cv-0602-CSD (the “Consolidated
+Added: Derivative Action”).
+Added: On January 27, 2026, at the request of the parties, the court stayed the Consolidated Derivative Action pending
+Added: resolution of a summary judgment motion by defendants in the Securities Class Action.
The Company believes that the claims are without
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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.