9 unchanged sentences
DocuSign, Inc., et al., Case No.
−Removed: 3:22-cv-00824, naming DocuSign and certain of our current and former officers as defendants.
+Added: 3:22-cv-00824, naming DocuSign and certain of our then-current and former officers as defendants.
An amended complaint was filed on July 8, 2022.
−Removed: As amended, the suit purports to allege claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder, based on allegedly false and misleading statements about our business and prospects during the course of the COVID-19 pandemic.
+Added: As amended, the suit purports to allege claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as amended, and Rule 10b-5 promulgated thereunder, based on allegedly false and misleading statements about our business and prospects during the course of the COVID-19 pandemic.
As amended, the suit is purportedly brought on behalf of purchasers of our securities between June 4, 2020 and June 9, 2022.
−Removed: We moved to dismiss the amended complaint on September 16, 2022.
+Added: Our motion to dismiss the case at the pleading stage was denied by the U.S.
+Added: District Court on April 18, 2023 and the suit is now proceeding.
An earlier action alleging similar claims against the same defendants, captioned Collins v.
1 unchanged sentence
3:22-cv-00851, filed in the Eastern District of New York and subsequently transferred to the Northern District of California, was voluntarily dismissed on February 14, 2022.
−Removed: Four putative shareholder derivative cases have been filed containing allegations based on or similar to those in the securities class action (Weston).
+Added: DocuSign, Inc.| 2024 Form 10-K | 40
+Added: Five putative shareholder derivative cases have been filed containing allegations based on or similar to those in the securities class action (Weston).
The cases were filed on May 17, 2022, in the U.S.
−Removed: District Court for the District of Delaware, captioned Potteti v.
+Added: District Court for the District of Delaware, captioned Pottetti v.
Springer, et al., Case No.
8 unchanged sentences
3:22-cv-02987;
−Removed: and on September 20, 2022 in the U.S.
+Added: on September 20, 2022 in the U.S.
District Court for the Northern District of California, captioned Fox v.
1 unchanged sentence
3:22-cv-05343;
+Added: and on March 7, 2024 in the Delaware Court of Chancery, captioned Roy v.
+Added: Alhadeff, et al., Case No.
+Added: 2024-0223-JTL.
Each case is allegedly brought on the Company’s behalf.
−Removed: The suits name the Company as a nominal defendant and, depending on the particular case, the members of our board of directors or, in certain instances, current or former officers, as defendants.
+Added: The suits name the Company as a nominal defendant and, depending on the particular case, the members of our board of directors or, in certain instances, then-current or former officers, as defendants.
While the complaints vary, they are based largely on the same underlying allegations as the securities class action suit described above (Weston), as well as, in certain instances, alleged insider trading.
−Removed: Collectively, these lawsuits purport to assert claims for, among other things, breach of fiduciary duty, aiding and abetting such breach, corporate waste, unjust enrichment, and under Sections 10(b) and 21D of the Securities Exchange Act of 1934.
+Added: Collectively, these lawsuits purport to assert claims for, among other things, breach of fiduciary duty, aiding and abetting such breach, corporate waste, gross mismanagement, unjust enrichment, and under Sections 10(b) and 21D of the Securities Exchange Act of 1934.
The complaints seek to recover unspecified damages and other relief on the Company’s behalf.
1 unchanged sentence
The third case in the Northern District of California (Fox) was related to the other derivative suits and assigned to the same judge, and was similarly stayed by order of the court on December 2, 2022.
−Removed: The Delaware suit (Potteti) was voluntarily dismissed on September 1, 2022, and then re-filed in the Delaware Court of Chancery on September 22, 2022, under the caption Pottetti v.
+Added: The Delaware suit (Pottetti) was voluntarily dismissed on September 1, 2022, and then re-filed in the Delaware Court of Chancery on September 22, 2022, under the caption Pottetti v.
Springer, et al., Case No.
1 unchanged sentence
The Delaware Court of Chancery issued an order on September 30, 2022 staying the action in light of the securities class action and no response to the complaint will be due unless and until the stay is lifted.
−Removed: DocuSign, Inc.| 2023 Form 10-K | 38
+Added: We anticipate seeking a stay of the newly filed Delaware suit (Roy) on similar terms.
DocuSign Civil Litigation
6 unchanged sentences
Springer, the Company offered to stipulate to entry of judgment in favor of Mr.
−Removed: Springer as to his disputed resignation and his status as a member of our Board.
+Added: Springer as to his disputed resignation and his status as a member of our board of directors.
Following our offer, on January 11, 2023, the Chancery Court issued an order declaring and confirming that (i) Mr.
−Removed: Springer has not resigned from the Board and (ii) Mr.
−Removed: Springer is currently a member of the Board.
+Added: Springer has not resigned from the board of directors and (ii) Mr.
+Added: Springer is currently a member of the board of directors.
Springer subsequently filed a motion seeking payment of his attorneys’ fees.
−Removed: DocuSign has opposed this motion, which remains pending before the Chancery Court.
+Added: DocuSign has opposed this motion, which remains pending before the Delaware Court of Chancery.
In addition, on January 26, 2023, Mr.
3 unchanged sentences
In the demand, Mr.
−Removed: Springer alleges that he was wrongfully terminated as CEO;
+Added: Springer alleges that he was wrongfully terminated as Chief Executive Officer;
asserts related claims against DocuSign and Ms.
1 unchanged sentence
and seeks unspecified damages and other relief.
−Removed: DocuSign has engaged legal counsel to defend the matter, and on March 10, 2023, submitted a motion to dismiss several of the causes of action asserted in the demand.
+Added: The arbitration hearing for this case took place from March 11-15, 2024, and a final order from the arbitrator is expected on or before June 30, 2024.
MINE SAFETY DISCLOSURES
2 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.