Legal Proceedings.
−Removed: March 8, 2019, Jie Yuan (the “Jie Action”) filed a putative shareholder derivative lawsuit purportedly on behalf of
−Removed: Nova Lifestyle, Inc.
+Added: On March 8, 2019, Jie Yuan
+Added: (the “Jie Action”) filed a putative shareholder derivative lawsuit purportedly on behalf of Nova Lifestyle, Inc.
NVFY, the “Nova LifeStyle”) in the U.S.
−Removed: District Court for the Central District of California,
−Removed: against Nova LifeStyle’s former and current CEOs and CFOs (Thanh H.
−Removed: Lam, Ya Ming Wong, Jeffery Chuang and Yuen Ching Ho) and directors
−Removed: (Charlie Huy La, Bin Liu, Umesh Patel, and Min Su) and vice president (Steven Qiang Liu) (collectively, the “Defendants”)
−Removed: seeking to recover any losses Nova LifeStyle sustains as a result of alleged securities violations outlined in a Seeking Alpha blog and
−Removed: a certain securities class action case filed by George Barney and others (the “Barney Action”) in the same court on December 28,
−Removed: Specifically,
−Removed: the derivative lawsuit alleges that the Defendants caused Nova LifeStyle to make the alleged false and/or misleading statements giving
−Removed: rise to the putative securities class action.
−Removed: The Plaintiff also alleges that President and CEO Lam engaged in self-dealing transactions
−Removed: by leasing her property to Diamond Bar, a Nova LifeStyle subsidiary, and asserts that Lam, former CEO and director Ya Ming Wong, former
−Removed: CFO and director Yuen Ching Ho, and director Umesh Patel sold securities during the period of time when the alleged false and/or misleading
−Removed: statements were made “with knowledge of material non-public information.”
−Removed: May 15, 2019, Wilton Samuels (the “Samuels Action”) also filed a putative derivative complaint purportedly on behalf
−Removed: of Nova Lifestyle against the same current and former directors and officers named in the Jie Action other than Steven Qiang Liu in the
−Removed: Samuels repeats the allegations of the Complaint in the Jie Action.
−Removed: Additionally, Samuels claims that, in announcing its
−Removed: change of auditing firms in September 2016, Nova Lifestyle asserted that this change was made because its existing auditor ceased auditing
−Removed: public companies subject to regulation in the United States without disclosing that its new auditing firm was created in a merger of
−Removed: three accounting firms, including a firm whose registration was revoked by the Public Company Accounting Oversight Board.
−Removed: claims that Nova Lifestyle redeemed its stock in reliance upon the same purported fraudulent recognition of revenues claimed in the putative
−Removed: class action.
−Removed: He purports to state direct claims under Sections 10(b) and 20 of the Exchange Act and SEC Rule 10b-5.
−Removed: the request of the Defendants, the court in the Jie Action and the Samuels Action agreed, respectively, in April 2020 and June 2020 to
−Removed: stay the proceedings until the Barney Action is resolved.
+Added: District Court for the Central District of California, against Nova LifeStyle’s
+Added: former and current CEOs and CFOs (Thanh H.
+Added: Lam, Ya Ming Wong, Jeffery Chuang and Yuen Ching Ho) and directors (Charlie Huy La, Bin Liu,
+Added: Umesh Patel, and Min Su) and vice president (Steven Qiang Liu) (collectively, the “Defendants”) seeking to recover any losses
+Added: Nova LifeStyle sustains as a result of alleged securities violations outlined in a Seeking Alpha blog and a certain securities class action
+Added: case filed by George Barney and others (the “Barney Action”) in the same court on December 28, 2018.
+Added: Specifically, the derivative
+Added: lawsuit alleges that the Defendants caused Nova LifeStyle to make the alleged false and/or misleading statements giving rise to the putative
+Added: securities class action.
+Added: The Plaintiff also alleges that President and CEO Lam engaged in self-dealing transactions by leasing her property
+Added: to Diamond Bar, a Nova LifeStyle subsidiary, and asserts that Lam, former CEO and director Ya Ming Wong, former CFO and director Yuen
+Added: Ching Ho, and director Umesh Patel sold securities during the period of time when the alleged false and/or misleading statements were
+Added: made “with knowledge of material non-public information.”
+Added: On May 15, 2019, Wilton Samuels
+Added: (the “Samuels Action”) also filed a putative derivative complaint purportedly on behalf of Nova Lifestyle against the same
+Added: current and former directors and officers named in the Jie Action other than Steven Qiang Liu in the same court.
+Added: Samuels repeats the allegations
+Added: of the Complaint in the Jie Action.
+Added: Additionally, Samuels claims that, in announcing its change of auditing firms in September 2016, Nova
+Added: Lifestyle asserted that this change was made because its existing auditor ceased auditing public companies subject to regulation in the
+Added: United States without disclosing that its new auditing firm was created in a merger of three accounting firms, including a firm whose
+Added: registration was revoked by the Public Company Accounting Oversight Board.
+Added: Samuels also claims that Nova Lifestyle redeemed its stock
+Added: in reliance upon the same purported fraudulent recognition of revenues claimed in the putative class action.
+Added: He purports to state direct
+Added: claims under Sections 10(b) and 20 of the Exchange Act and SEC Rule 10b-5.
+Added: Upon the request of the Defendants,
+Added: the court in the Jie Action and the Samuels Action agreed, respectively, in April 2020 and June 2020 to stay the proceedings until the
+Added: Barney Action is resolved.
The Barney Action was settled
3 unchanged sentences
lift the stay in the case, and set a new briefing schedule for the parties to move forward with the case.
−Removed: The consolidated case remains
Other than the foregoing
3 unchanged sentences
Mine Safety Disclosures.
+Added: Not applicable.
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.