What changed in this filing

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Item 1. Legal Proceedings

2023-05-15 compared with 2022-11-14 · 37 added, 30 removed, 9 unchanged (88% of the section changed)

3 unchanged sentences

harm our business.

August 7, 2018, we commenced an action against North Empire LLC (“North Empire”) in the Supreme Court of the State of

New York, County of New York for breach of a Securities Purchase Agreement (the “Agreement”) in which we are seeking

damages in an amount to be determined at trial, but in no event less than $616,000.

On August 2, 2018, North Empire filed a Summons

with Notice against the Company, also in the same Court, in which they allege damages in an amount of $11.4 million arising from an

alleged breach of the Agreement.

On September 6, 2018 North Empire filed a Notice of Discontinuance of the action it had filed on

August 2, 2018.

On September 27, 2018, North Empire filed an answer and asserted counterclaims in the action commenced by us against

them, alleging that we failed to deliver stock certificates to North Empire causing damage to North Empire in the amount of

North Empire also filed a third-party complaint against our CEO and now former Chairman of the Board asserting similar

claims against them in their individual capacities.

On October 17, 2018, we filed a reply to North Empire’s counterclaims.

November 15, 2018, our CEO and now former Chairman of the Board filed a motion to dismiss North Empire’s third-party

On January 6, 2020, the Court granted the motion and dismissed the third-party complaint.

Discovery has been completed

and both parties have filed motions for summary judgment in connection with the claims and counterclaims.

On December 30, 2021, the

Court denied both My Size and North Empire’s motions for summary judgment, arguing there were factual issues to be determined

On January 26, 2022, we filed a notice of appeal of the summary judgment decision.

The Company filed its appellant brief

on or about October 26, 2022.

On February 3, 2022, we filed a motion to reargue the Court’s decision denying our motion for

summary judgment.

On or about March 31, 2022, North Empire filed its opposition papers to our motion to reargue.

On or about May 20,

2022, we filed our reply papers, in further support of its motion to reargue.

On or about September 12, 2022 the Court issued its

decision and order denying our motion to reargue.

North Empire is due to file its opposing brief on or about December 7,

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

of New York for breach of a Securities Purchase Agreement or Agreement in which we are seeking damages in an amount to be determined

at trial, but in no event less than $616,000.

On August 2, 2018, North Empire filed a Summons with Notice against us, also in the same

Court, in which they allege damages in an amount of $11.4 million arising from an alleged breach of the Agreement.

On September 6, 2018,

North Empire filed a Notice of Discontinuance of the action it had filed on August 2, 2018.

On September 27, 2018, North Empire filed

an answer and asserted counterclaims in the action commenced by us against them, alleging that we failed to deliver stock certificates

to North Empire causing damage to North Empire in the amount of $10,958,589.

North Empire also filed a third-party complaint against

our CEO and now former Chairman of the Board asserting similar claims against them in their individual capacities.

On October 17, 2018,

we filed a reply to North Empire’s counterclaims.

On November 15, 2018, our CEO and now former Chairman of the Board filed a motion

to dismiss North Empire’s third-party complaint.

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.

On December 30, 2021, the Court denied both My Size and North Empire’s motions for summary judgment, arguing there were factual

issues to be determined at trial.

On January 26, 2022, the Company filed a notice of appeal of the summary judgment decision.

3, 2022, the Company filed a motion to reargue the Court’s decision denying the Company’s motion for summary judgment.

or about September 12, 2022, the Court issued its Decision and Order denying the Company’s motion to reargue.

North Empire filed

its opposing brief on December 7, 2022.

Both sides were given an opportunity to file a reply brief.

We filed our reply brief on January

4, 2023 and North Empire filed its reply brief on January 13, 2023.

Oral argument was held before the Appellate Court on February 7,

On or about February 28, 2023, the Appellate Court filed its Decision and Order, which affirmed the lower court’s decisions

regarding both My Size and North Empire’s motions for summary judgment and sent the case back to the Supreme Court.

March 13, 2023, the Supreme Court referred the case to its Alternative Dispute Program and ordered the cases to mediate.

A date for the

mediation has not yet been set.

We intend to vigorously defend any claims made by North Empire.

We believe it is more likely than not

that the counterclaims will be denied.

Risk Factors.

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.

What changed 10-Q

Item 1. Legal Proceedings