Item 1. Legal Proceedings
Item 1. Legal Proceedings
DarkPulse, Inc. v. Twitter, Inc.
As disclosed in greater detail in the Company’s
Form 10-K, filed April 15, 2022, the Company’s investigation of the Investor News matter remains ongoing.
Carebourn Capital, L.P. v. DarkPulse, Inc.
As disclosed in greater detail in the Company’s
Form 10-K, filed April 15, 2022, the Company remains in active litigation with Carebourn Capital, L.P. (“ Carebourn ”).
The remainder of this disclosure will address all material updates since the aforementioned Form 10-K.
On April 11, 2022, the Court held a hearing on
Carebourn’s Motion to Compel DarkPulse. As of the date hereof, no decision has been rendered on Carebourn’s motion. On April
14, 2022, the Court granted the Company’s Motion to Enforce the Protective Order, and simultaneously denied Carebourn’s request
for reconsideration of Carebourn’s Motion for Dispositive Relief. On April 27, 2022, the Court awarded the Company $18,858.18 in
attorneys’ fees from Carebourn in connection with the Court’s April 14, 2022 decision on the Company’s Motion to Compel
Carebourn. Carebourn has been ordered to pay the $18,858.18 on or before July 26, 2022.
The Company remains committed to actively litigating
its claims for relief under the Securities Exchange Act of 1934.
More Capital, LLC v. DarkPulse, Inc. et al
As disclosed in greater detail in the Company’s
Form 10-K, filed April 15, 2022, the Company remains in active litigation with More Capital, LLC (“ More ”). The remainder
of this disclosure will address all material updates since the aforementioned Form 10-K.
On April 11, 2014, the Court held a hearing on
the Company’s Motion to Compel More and More’s Motion for Summary Judgment. As of the date hereof, no decision has been rendered
on either of the aforesaid motions.
The Company remains committed to actively litigating
its claims for relief under the Securities Exchange Act of 1934.
Goodman et al. v. DarkPulse, Inc.
As disclosed in greater detail in the Company’s
Form 10-K, filed April 15, 2022, the Company remains in active litigation with Stephen Goodman (“ Goodman ”), Mark Banash
(“ Banash ”), and David Singer (“ Singer ”) (Goodman, Banash, and Singer together, the “ Series
D Plaintiffs ”). As of April 15, 2022, there has been no material updates to this litigation.
The Company remains committed to actively litigating
its claims and defenses against the Series D Plaintiffs.
DarkPulse, Inc. v. FirstFire Global Opportunities
Fund, LLC, and Eli Fireman (SDNY)
As disclosed in greater detail in the Company’s
Form 10-K, filed April 15, 2022, the Company remains in active litigation with FirstFire Global Opportunities Fund, LLC (“ FirstFire ”),
and Eli Fireman (“ Fireman ”) (FirstFire and Fireman together, the “ FirstFire Parties ”). The remainder
of this disclosure will address all material updates since the aforementioned Form 10-K.
On May 5, 2022, the Company filed its amended
complaint (“ FirstFire Amended Complaint ”). Accordingly, the FirstFire Parties’ answer or motion in response to
the FirstFire Amended Complaint is due on or before May 19, 2022.
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FirstFire Global Opportunities Fund, LLC v.
DarkPulse, Inc. (Del. Chancery Court)
As disclosed in greater detail in the Company’s
Form 10-K, filed April 15, 2022, there are no material updates to this litigation and the Company maintains its view that the FirstFire
Delaware Chancery matter is fully disclosed. Absent any future material developments, no further disclosures will be made about the FirstFire
Delaware Chancery matter.
DarkPulse, Inc. v. EMA Financial, LLC et al
As disclosed in greater detail in the Company’s
Form 10-K, filed April 15, 2022, the Company remains in active litigation with EMA Financial, LLC (“ EMA ”), EMA Group,
Inc. (“ EMA Group ”), and Felicia Preston (“ Preston ”) (EMA, EMA Group, and Preston together, the “ EMA
Parties ”). The remainder of this disclosure will address all material updates since the aforementioned Form 10-K.
On March 28, 2022, the Company filed its first
amended complaint against the EMA Parties (the “ EMA Amended Complaint ”). On April 22, 2022, the Company and the EMA
Parties entered into a Stipulation, which the Court so ordered on May 3, 2022, and established the EMA Parties were required to file and
serve their answer and/or pre-motion letter for a motion under Rule 12 to the EMA Amended Complaint on or before June 21, 2022.
The Company remains committed to actively litigating
its claims for relief under the Securities Exchange Act of 1934.
Item 6. Exhibits
SEC Ref. No.
Title of Document
31.1*
Rule 13a-14(a) Certification by Principal Executive and Financial Officer
32.1**
Section 1350 Certification of Principal Executive and Financial Officer
101.INS
Inline XBRL Instance Document (the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document)
101.SCH
Inline XBRL Taxonomy Extension Schema Document
101.CAL
Inline XBRL Taxonomy Extension Calculation Linkbase Document
101.DEF
Inline XBRL Taxonomy Extension Definition Linkbase Document
101.LAB
Inline XBRL Taxonomy Extension Label Linkbase Document
101.PRE
Inline XBRL Taxonomy Extension Presentation Linkbase Document
104
Cover Page Interactive Data File (formatted in inline XBRL, and included in exhibit 101).
*Filed with this Report.
**Furnished with this Report.
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SIGNATURES
Pursuant to the requirements of the Securities
Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
DarkPulse, Inc.
Date: May 16, 2022
By
/s/ Dennis O’Leary
Dennis O’Leary, Chairman, Chief Executive Officer, President, Chief Financial Officer
(Principal Executive Officer and Principal
Financial Officer)
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Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.