Item 1. Legal Proceedings
Item
1. Legal Proceedings
From
time to time we may be subject to litigation and arbitration claims incidental to its business. Such claims may not be covered by our
insurance coverage, and even if they are, if claims against us are successful, they may exceed the limits of applicable insurance coverage.
On
July 9, 2020, the Company was served with a civil complaint filed in the Superior Court for the State of California, County of Orange
by a former employee, Robert Rankin, who resigned his employment on or about March 30, 2020. The case is entitled Rankin v. Hancock Jaffe
Laboratories, Inc. et al., Case No. 30-2020-01146555-CU-WR-CJC and was filed on May 27, 2020. On September 3, 2020 the Company and its Chief Executive Officer were served with a second complaint filed in the
Superior Court for the State of California, County of Orange by Mr. Rankin. The case is entitled Rankin v. Hancock Jaffe Laboratories,
Inc. et al., Case No. 30-2020-01157857 and was filed on August 31, 2020.
The
complaints assert several causes of action, including a cause of action alleging failure to timely pay Mr. Rankin’s accrued
and unused vacation and three months’ severance under his July 16, 2018 employment agreement, defamation, unlawful Labor Code violations, sex-based discrimination, and unfair competition, and seeks damages for
lost wages, emotional and mental distress, consequential damages, punitive damages and attorney’s fees and costs.
The
Company has denied all claims in both matters (which have now been consolidated) and has filed a counterclaim asserting that Rankin has
breached his employment agreement with the Company to the Company’s damage. The Company continues to believe it has meritorious
defenses to both matters, which are currently set for trial on October 30, 2023.
Item
1A. Risk Factors
As
a “smaller reporting company” as defined by Item 10 of Regulation S-K, we are not required to provide information required
by this Item. Our current risk factors are set forth in our Form 10-K, filed with the SEC on March 2, 2023.
Item
2. Unregistered Sales of Equity Securities and Use of Proceeds
None.
Item
3. Defaults upon Senior Securities
None.
Item
4. Mine and Safety Disclosure
Not
applicable.
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