LEGAL PROCEEDINGS
−Removed: On August 7, 2018, we commenced an action
−Removed: against North Empire LLC, or North Empire, in the Supreme Court of the State of New York, County of New York for breach of a Securities
−Removed: Purchase Agreement or Agreement in which we are seeking damages in an amount to be determined at trial, but in no event less than
−Removed: On August 2, 2018, North Empire filed a Summons with Notice against us, also in the same Court, in which they allege
−Removed: damages in an amount of $11.4 million arising from an alleged breach of the Agreement.
+Added: August 7, 2018, we commenced an action against North Empire LLC, or North Empire, in the Supreme Court of the State of New York, County
+Added: of New York for breach of a Securities Purchase Agreement or Agreement in which we are seeking damages in an amount to be determined
+Added: at trial, but in no event less than $616,000.
+Added: On August 2, 2018, North Empire filed a Summons with Notice against us, also in the same
+Added: Court, in which they allege damages in an amount of $11.4 million arising from an alleged breach of the Agreement.
+Added: On September 6, 2018,
+Added: North Empire filed a Notice of Discontinuance of the action it had filed on August 2, 2018.
On September 27, 2018, North Empire filed
−Removed: a Notice of Discontinuance of the action it had filed on August 2, 2018.
−Removed: On September 27, 2018, North Empire filed an answer and
−Removed: asserted counterclaims in the action commenced by us against them, alleging that we failed to deliver stock certificates to North
−Removed: Empire causing damage to North Empire in the amount of $10,958,589.
−Removed: North Empire also filed a third-party complaint against our
−Removed: CEO and now former Chairman of the Board asserting similar claims against them in their individual capacities.
+Added: an answer and asserted counterclaims in the action commenced by us against them, alleging that we failed to deliver stock certificates
+Added: to North Empire causing damage to North Empire in the amount of $10,958,589.
+Added: North Empire also filed a third-party complaint against
+Added: our CEO and now former Chairman of the Board asserting similar claims against them in their individual capacities.
On October 17, 2018,
−Removed: 2018, we filed a reply to North Empire’s counterclaims.
−Removed: On November 15, 2018, our CEO and now former Chairman of the Board
−Removed: filed a motion to dismiss North Empire’s third-party complaint.
−Removed: On January 6, 2020, the Court granted the motion and dismissed
−Removed: the third-party complaint.
+Added: we filed a reply to North Empire’s counterclaims.
+Added: On November 15, 2018, our CEO and now former Chairman of the Board filed a motion
+Added: to dismiss North Empire’s third-party complaint.
+Added: On January 6, 2020, the Court granted the motion and dismissed the third-party
Discovery has been completed and both parties have filed motions for summary judgment in connection with the claims and counterclaims.
−Removed: to vigorously defend any claims made by North Empire.
−Removed: In addition to the
−Removed: above, from time to time, we may become in involved in lawsuits as well as subject to various legal proceedings, claims, threats
−Removed: of litigation, and investigations in the ordinary course of business.
−Removed: While certain matters to which we are a party may specify
−Removed: the damages claimed, such claims may not represent reasonably possible losses.
−Removed: Given the inherent uncertainties of litigation,
−Removed: the ultimate outcome of these matters cannot be predicted at this time, nor can the amount of possible loss or range of loss,
−Removed: if any, be reasonably estimated.
−Removed: An unfavorable outcome
−Removed: on any litigation matters could require us to pay substantial damages or could prevent us from selling certain of our products.
−Removed: As a result, a settlement of, or an unfavorable outcome on, any of the matters referenced above or other litigation matters could
−Removed: have a material adverse effect on our business, results of operations and financial condition.
+Added: On December 30, 2021, the Court denied both My Size and North Empire’s motions for summary judgment, arguing there were factual
+Added: issues to be determined at trial.
+Added: On January 26, 2022, the Company filed a notice of appeal of the summary judgment decision.
+Added: must be fully perfected and filed by July 26, 2022.
+Added: On February 3, 2022, the Company filed a motion to reargue the Court’s decision
+Added: denying the Company’s motion for summary judgment.
+Added: North Empire will file its opposition papers on or before March 31, 2022, and
+Added: the Company will file reply papers on April 29, 2022.
+Added: The return date on the motion to reargue is scheduled for May 2, 2022.
+Added: We intend to vigorously defend any claims made by North Empire.
+Added: Venture Capital Ltd
+Added: 5, 2021, we were served with a legal complaint filed by Fidelity Venture Capital Ltd.
+Added: and Dror Atzmon in the Magistrate’s
+Added: Court in Tel Aviv for a monetary award in an amount of NIS 1,436,679 (approximately $450,000) and a declaratory relief.
+Added: The plaintiffs
+Added: allege that we breached our contractual obligations to pay them for services allegedly rendered to the us by the plaintiffs under a certain
+Added: consulting agreement dated July 2, 2014, in an amount of NIS 819,000 (approximately $256,000).
+Added: Additionally, the plaintiffs allege that
+Added: the we should compensate them for losses allegedly incurred by them following their investment in the sour shares issued under a certain
+Added: private offering.
+Added: In the alternative, the plaintiffs move that the court will declare the investment agreement void with full restitution
+Added: of plaintiffs’ original investment in an amount of NIS 1,329,650 (approximately $415,000).
+Added: We filed our statement of defense on
+Added: October 25, 2021.
+Added: The first preliminary court hearing of the case is scheduled for January 23, 2022.
+Added: The first court preliminary hearing
+Added: was held on March 1, 2022.
+Added: Following the first preliminary hearing and the Court’s comments and recommendation, the Plaintiffs
+Added: filed a motion to strike out the claim without prejudice.
+Added: On March 8, 2022 the Court ordered dismissal without prejudice of the claim.
MINE SAFETY DISCLOSURES
−Removed: 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.