1 unchanged sentence
To our knowledge, other than described below,
−Removed: neither the Company nor any of our officers or directors is a party to any material legal proceeding or litigation and such persons know
+Added: 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.
3 unchanged sentences
or performance in corporate office.
−Removed: On January 19, 2024, a purported shareholder class
+Added: On January 19, 2024, a purported securities class
action complaint, captioned Eric Olmstead v.
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
−Removed: putative 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.
−Removed: On April 15, 2024, the court consolidated these two actions under the caption In re BioVie
−Removed: Securities Litigation , No.
−Removed: 3:24-cv-00035, appointed the lead plaintiff, and approved selection of the lead counsel.
−Removed: 2024, the lead plaintiff filed an amended complaint, alleging that the defendants made material misrepresentations and/or omissions of
−Removed: material fact relating to the Company’s business, operations, compliance, and prospects, including information related to the NM101
−Removed: Phase 3 study and trial of bezisterim (NE3107) in mild to moderate probable AD, in violation
−Removed: of Sections 10(b) and 20(a) of the Exchange Act, and Rule 10b-5 promulgated thereunder.
−Removed: The class action is on behalf
−Removed: of purchasers of the Company’s securities during the period from December 7, 2022 through November 28, 2023, and seeks unspecified
−Removed: monetary damages on behalf of the putative class and an award of costs and expenses, including attorney’s fees.
−Removed: The defendants filed
−Removed: a motion to dismiss the amended complaint on August 21, 2024, and that motion was fully briefed as of December 5, 2024.
−Removed: On March 27, 2025,
−Removed: the court denied the defendants’ motion to dismiss, and the parties are now engaged in the early stages of fact discovery .
−Removed: On December 30, 2024, a shareholder derivative
−Removed: lawsuit was filed in the United States District Court for the District of Nevada by putative stockholder Andrew Hulm, allegedly on behalf
−Removed: of the Company, that piggy-backs on the securities class action also pending in that court.
−Removed: The derivative complaint names certain current
−Removed: and former officers and directors as defendants, and generally alleges that they breached their fiduciary duties by causing or failing
−Removed: to prevent the securities violations alleged in the securities class action.
−Removed: The derivative complaint also alleges claims for unjust enrichment,
−Removed: waste of corporate assets, gross mismanagement, and abuse of control as against all defendants.
−Removed: On March 18, 2025, the court ordered the
−Removed: Hulm derivative lawsuit stayed, pending resolution of the motion to dismiss the securities class action described above.
−Removed: On April 28, 2025, a second shareholder derivative
−Removed: lawsuit was filed in the United States District Court for the District of Nevada by putative stockholder William Settel, allegedly on
−Removed: behalf of the Company, that likewise piggy-backs on the securities class action.
−Removed: The Settel derivative complaint alleges essentially the
−Removed: same claims as the Hulm derivative action against the same defendants based on the same alleged conduct specifically, claims for breach
−Removed: of fiduciary duty, aiding and abetting breach of fiduciary duty, unjust enrichment, abuse of control, and waste of corporate assets.
−Removed: The Company believes that the claims are without
−Removed: merit and intend to defend vigorously against them, but there can be no assurances as to the outcome.
+Added: On April 15, 2024, the court consolidated these two actions under the caption In re BioVie Inc.
+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 on March 27, 2025, the court denied that motion.
+Added: The parties are now engaged in fact discovery.
+Added: On February 13, 2026,
+Added: the plaintiffs filed a motion for class certification and a motion for leave to file a second amended complaint.
+Added: Defendants opposed the
+Added: motion for leave to amend.
+Added: On June 5, 2026, the court granted the plaintiffs’ motion for leave to amend, and the same day the plaintiffs
+Added: filed their Second Amended Complaint.
+Added: On June 15, 2026, the defendants filed a Notice of Non-Opposition and Reservation of Rights in response
+Added: to the motion for class certification, and on June 18, 2026, the Court granted the plaintiffs’ motion and certified the class subject
+Added: to the defendants’ reservation of rights.
+Added: The defendants answered the Second Amended Complaint on June 22, 2026.
+Added: Three shareholder derivative lawsuits piggy-backing
+Added: on the Securities Class Action were filed in the United States District Court for the District of Nevada, allegedly on behalf of the Company,
+Added: by three putative stockholders:
+Added: Andrew Hulm on December 30, 2024;
+Added: William Settel on April 28, 2025 and Cline Wilkerson on September 11,
+Added: 2025, (collectively the “Related Derivative Lawsuits”).
+Added: Each Related Derivative Lawsuit names the same current and former
+Added: officers and directors as defendants and alleges essentially the same claims:
+Added: that the defendants breached their fiduciary duties by causing
+Added: or failing to prevent the securities violations alleged in the Securities Class Action, and related claims for unjust enrichment, waste
+Added: of corporate assets, gross mismanagement, and abuse of control.
+Added: On September 29, 2025, at the request of the parties, the court consolidated
+Added: all three Related Derivative Lawsuits under the caption In re BioVie Inc.
+Added: Derivative Litigation , Case No.
+Added: 3:24-cv-0602-CSD (the
+Added: “Consolidated Derivative Action”).
+Added: On January 27, 2026, at the request of the parties, the court stayed the Consolidated Derivative
+Added: Action pending resolution of a summary judgment motion by defendants in the Securities Class Action.
+Added: The Company believes that the claims are without merit and intends to defend
+Added: vigorously against them, but there can be no assurances as to the outcome.
MINE SAFETY DISCLOSURES
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.