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District Court for the Southern District of New York by Evolus shareholders Armin Malakouti and Clinton Cox, respectively, naming us and certain of our officers as defendants.
−Removed: The complaints assert violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, claiming that the defendants made false and materially misleading statements and failed to disclose material adverse facts related to our acquisition of the right to sell Jeuveau ® , the complaint against us filed by Allergan and Medytox in the U.S.
+Added: The complaints assert violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as amended, or the Exchange Act, and Rule 10b-5 promulgated thereunder, claiming that the defendants made false and materially misleading statements and failed to disclose material adverse facts related to our acquisition of the right to sell Jeuveau ® , the complaint against us filed by Allergan and Medytox in the U.S.
International Trade Commission related to Jeuveau ® (the “ITC Action”), and risks related to the ITC Action.
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Securities Litigation, No.
−Removed: 1:20-cv-08647 (PGG).
+Added: 1:20-cv-08647 (PGG), which we refer to as the Securities Class Action.
On September 17, 2021, the court appointed a lead plaintiff and lead counsel.
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Both motions were fully briefed on June 16, 2022.
−Removed: The outcome of the legal proceeding is uncertain at this point.
−Removed: Based on information available to us at present, management cannot reasonably estimate a range of loss with respect to this matter.
+Added: On September 26, 2024, the court granted our motion to dismiss the amended complaint and on October 18, 2024, the court entered final judgment in favor of us, which the Plaintiffs did not appeal.
+Added: Accordingly, the Securities Class Action is now concluded.
Shareholder Derivative Lawsuit
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Derivative Litigation, No.
−Removed: 1:20-cv-09986-PPG, and adjourned defendants’ time to move, answer or otherwise respond to the complaints.
+Added: 1:20-cv-09986-PPG, which we refer to as the Derivative Complaint, and adjourned defendants’ time to move, answer or otherwise respond to the complaints.
On September 20, 2021, the court so-ordered the parties’ stipulated stay of the consolidated derivative suit pending the court’s decision on the defendants’ motion to dismiss the Securities Class Action.
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On October 13, 2021, we received a substantially similar demand to inspect specified categories of our books and records under Section 220 of the Delaware General Corporations Law from another putative stockholder.
−Removed: The subject of the demand is substantially similar to the allegations in the putative securities class action and derivative complaints described above.
+Added: The subject of the demand is substantially similar to the allegations in the Securities Class Action and Derivative Complaint described above.
We responded to the demand in December 2021.
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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.