99 unchanged sentences
Despite the potential for significant damages, we do not believe, based on currently available information, that the outcome of this proceeding will have a material adverse effect on our financial condition, although the outcome could be material to our operating results for any particular period, depending, in part, upon the operating results for such period.
−Removed: Securities Matters Related to Allegations in the Hindenburg Report
+Added: Securities Matters Arising From the Hindenburg Report and Related Matters
On July 2, 2021, the first of two substantially similar federal securities law putative class actions was filed in the U.S.
7 unchanged sentences
On January 10, 2023, the court granted the motion to dismiss and final judgment was entered dismissing the action with prejudice.
−Removed: Beginning on July 9, 2021, the Company received subpoenas from the SEC seeking documents concerning, among other things, certain of the allegations raised in the Hindenburg Report, as well as the Company’s disclosures regarding its compliance policies and procedures, and related matters.
+Added: Beginning on July 9, 2021, the Company received subpoenas from the SEC seeking documents concerning, among other things, certain of the allegations raised in the Hindenburg Report, as well as the Company’s adherence to and disclosures regarding its compliance policies and procedures, and related matters.
The Company intends to comply with the related requests and is cooperating with the SEC’s ongoing inquiry.
28 unchanged sentences
Fertitta and Fertitta Entertainment, Inc., and (iii) granted the non-dismissed defendants’ alternative request to stay the action for at least nine months pending resolution of parallel proceedings in the Delaware Court of Chancery.
−Removed: On June 29, 2023, the plaintiff filed a motion for reconsideration of the court’s order insofar as it found certain claims subject to a Delaware forum requirement, which motion remains pending.
+Added: On June 29, 2023, the plaintiff filed a motion for reconsideration of the court’s order insofar as it found certain claims subject to a Delaware forum requirement.
+Added: On July 27, 2023, defendants filed oppositions to the plaintiff’s motion for reconsideration, and certain defendants filed countermotions for certification of final judgment as to the claims that the court previously dismissed pursuant to its May 24, 2023 order.
+Added: On October 1, 2023, the court entered an order (1) denying the motion for reconsideration and (2) granting the motion for certification of final judgment as to the defendants whose claims against them previously were dismissed.
On September 9, 2022, two similar putative class actions were filed in the Delaware Court of Chancery against former directors of GNOG Inc.
47 unchanged sentences
On June 7, 2023, Arrow Gaming filed its responses to the petitions.
−Removed: DraftKings’ replies in support of the petitions are currently due on September 6, 2023.
+Added: On September 6, 2023, DraftKings filed its replies in support of the petitions.
On April 3, 2023, the District Court administratively terminated the lawsuit pending the PTAB's final written decisions.
22 unchanged sentences
Between May 11, 2023 and May 12, 2023, the PTAB instituted review for all Beteiro Patents.
−Removed: Beteiro’s responses to the petitions are currently due on August 4, 2023.
+Added: The PTAB is expected to issue a final written decision for the IPRs by May 12, 2024.
We intend to vigorously defend this case.
25 unchanged sentences
On March 25, 2022, a scheduling order was entered in which, among other things, trial was scheduled for January 13, 2025.
−Removed: On July 18, 2022, Magistrate Judge Burke issued a report and recommendation (the “Report and Recommendation”) that the motion to dismiss be granted-in-part and denied-in-part.
+Added: July 18, 2022, Magistrate Judge Burke issued a report and recommendation (the “Report and Recommendation”) that the motion to dismiss be granted-in-part and denied-in-part.
The Company and Colossus each filed their objections to the Report and Recommendation on August 1, 2022.
11 unchanged sentences
With respect to the seven patents remaining pending in the case, the PTAB granted institution of IPRs for each of the ’341 patent, ’969 patent, and the ’822 patent.
−Removed: The PTAB denied institution of IPR for each of the ’516 patent, ’716 patent, and the ’338 patent.
−Removed: The parties await the PTAB’s decision whether to institute IPR for the ’779 patent.
−Removed: On August 1, 2023, DraftKings filed a motion to stay the case, but to allow foreign discovery to continue, during the pendency of the instituted IPRs.
+Added: The PTAB is expected to issue final written decisions for these three IPRs by June 22, 2024.
+Added: The PTAB denied institution of IPR for each of the ’516 patent, ’716 patent, ’338 patent and the '779 patent.
+Added: On September 11, 2023, the Company filed a request for Director review of the PTAB’s decision not to institute review in the IPR for the ’779 patent.
+Added: On September 6, 2023, the parties stipulated to a stay of the district court litigation pending resolution of the instituted IPRs.
We intend to vigorously defend this case.
20 unchanged sentences
The Company also cannot provide an estimate of the possible loss or range of loss.
−Removed: Any adverse outcome in these matters could expose the Company to substantial damages or penalties that may have a material adverse impact on the Company’s operations and cash flows.
+Added: Any adverse outcome
+Added: in these matters could expose the Company to substantial damages or penalties that may have a material adverse impact on the Company’s operations and cash flows.
Despite the potential for significant damages, the Company does not believe, based on currently available information, that the outcome of this matter will have a material adverse effect on Company’s financial condition, although the outcome could be material to the Company’s operating results for any particular period, depending, in part, upon the operating results for such period.
8 unchanged sentences
Plaintiffs filed an opposition on July 17, 2023.
−Removed: Defendant was granted leave to file a reply, which is due on August 3, 2023.
+Added: On August 3, 2023, Defendant filed its reply, and the motion remains pending.
The plaintiffs assert claims for breach of contract, unfair and deceptive acts and practices, false advertising, and unjust enrichment.
12 unchanged sentences
On June 27, 2023, the court entered an order authorizing the plaintiff to file an amended complaint by August 4, 2023.
−Removed: The defendants’ response to the amended complaint is due on September 25, 2023.
+Added: On September 25, 2023, defendants filed a motion seeking dismissal of this action.
We intend to vigorously defend this case.
6 unchanged sentences
Any adverse outcome in these matters could expose the Company to substantial damages, penalties and/or require alterations to the Company’s that may have a material adverse impact on the Company’s operations and cash flows.
−Removed: Despite the potential for significant damages, the Company does not believe, based on currently available information, that the outcome of these matters will have a material adverse effect on Company’s financial condition, although the outcome could
−Removed: be material to the Company’s operating results for any particular period, depending, in part, upon the operating results for such period.
+Added: Despite the potential for significant damages, the Company does not believe, based on currently available information, that the outcome of these matters will have a material adverse effect on Company’s financial condition, although the outcome could be material to the Company’s operating results for any particular period, depending, in part, upon the operating results for such period.
Shareholder Derivative Litigation Related to DraftKings Marketplace
3 unchanged sentences
The action seeks unspecified compensatory damages, changes to corporate governance and internal procedures, restitution, disgorgement, costs and attorney’s fees, and other unspecified relief.
−Removed: No defendant has responded to the complaint in this case.
+Added: All proceedings in this action have been stayed by agreement of the parties pending resolution of the above-referenced motion to dismiss in the putative class action in Massachusetts federal court.
The Company cannot predict with any degree of certainty the outcome of this matter or determine the extent of any potential liabilities.
4 unchanged sentences
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.