LEGAL PROCEEDINGS
−Removed: 10, 2024, Barry Berler (“Berler”), a co-founder and former Chief Technology Officer of the Company, commenced a lawsuit
−Removed: in the United States District Court for the Eastern District of New York, Barry Berler v.
+Added: 10, 2024, Barry Berler (“Berler”), a co-founder and former Chief Technology Officer of the Company, commenced a lawsuit in
+Added: the United States District Court for the Eastern District of New York, Barry Berler v.
Sharps Technology, Inc.
−Removed: and Alan Blackman,
+Added: and Alan Blackman, Case
2:24-cv-04787.
−Removed: In this case, Berler asserts claims for damages of an aggregate of $456,000 for alleged (1) failure to make
−Removed: full payment of certain monthly payments under his consulting agreement with the Company (the “Consulting Agreement”) in
−Removed: the amount of $52,500, (2) failure to pay a bonus with a target of $216,000 under the Consulting Agreement, (3) $187,500,
−Removed: representing 50% of the severance payment paid by the Company to Mr.
−Removed: Blackman, the Company’s co-founder and former Chief
−Removed: Operating Officer and Co-Chairman and a declaration and injunctive relief establishing that Berler is the rightful owner of 50% of
−Removed: the Company’s Series A Preferred Stock (which preferred stock is no longer outstanding).
−Removed: The Company has accrued for the claim
−Removed: for aforementioned unpaid monthly consulting fees.
−Removed: The Company believes that Berler’s claims are without merit, intends to
−Removed: defend itself vigorously and has requested dismissal of these claims and no amounts have been reserved for the bonus and severance
−Removed: at his point.
−Removed: In addition, on September 17, 2024, the Company filed an answer and counterclaims with respect thereto, including for
−Removed: recoupment of certain compensation the Company has previously paid to Berler.
−Removed: and on February 27, 2025 the Company filed an amended
−Removed: answer and counterclaims against Berler, Plastomold Industries Ltd.
−Removed: (“Plastomold”), Plasto Design Ltd and Plasto Design
+Added: In this case, Berler asserts (i) claims for damages of an aggregate of $456,000 for defendants’ alleged (1)
+Added: breach of a consulting agreement with the Company (the “Consulting Agreement”) in the amount of $52,500, (2) failure to pay
+Added: a bonus with a target of $216,000 under the Consulting Agreement, (3) $187,500, representing 50% of the severance payment paid by the
+Added: Company to Mr.
+Added: Blackman, the Company’s co-founder and former Chief Operating Officer and Co-Chairman (ii) a declaration that Berler
+Added: is the rightful owner of 50% of the Company’s Series A Preferred Stock (which preferred stock is no longer outstanding) and (iii)
+Added: an injunction barring Blackman from voting the Preferred Stock and from transferring the Preferred Stock to the Company.
+Added: has assumed Blackman’s defense pursuant to indemnification obligations.
+Added: The Company has accrued for the claim for unpaid monthly
+Added: consulting fees.
+Added: No amounts have been accrued for the bonus and severance claims.
+Added: The Company believes that Berler’s claims are
+Added: without merit and intends to defend itself vigorously.
+Added: On September 17, 2024, the Company filed an answer and counterclaims with respect
+Added: thereto, including for recoupment of certain compensation the Company previously paid to Berler.
+Added: On February 27, 2025 the Company filed
+Added: an amended answer, counterclaims and third-party claims against Berler, Plastomold Industries Ltd.
+Added: (“Plastomold”), Plasto
+Added: Design Ltd and Plasto Design Solutions.
+Added: This case is in the discovery stage.
On June l7, 2024, Berler filed
a demand for arbitration and statement of claim under the commercial arbitration rules of the American Arbitration Association (“AAA”)
−Removed: asserting claims for payment of $500,000 plus interest, under the Company’s royalty agreement with Berler, as amended, rescission
−Removed: thereof and reversion to Berler of the intellectual property rights subject thereto.
−Removed: The Company believes that Berler’s claims are
−Removed: without merit and intends to defend itself vigorously in connection with these claims.
+Added: against the Company asserting claims for payment of $500,000 plus interest, under the Company’s royalty agreement with Berler, as
+Added: amended, rescission thereof and reversion to Berler of the intellectual property rights subject thereto.
+Added: The Company believes that Berler’s
+Added: claims are without merit and intends to defend itself vigorously in connection with these claims.
The Company filed an answer with counterclaims.
−Removed: On April 3, 2024, Plastomold
−Removed: commenced a lawsuit against the Company in the United States District Court for the Eastern District of New York, Plastomold Industries
−Removed: Sharps Technology, Inc., Case No.
−Removed: 2:24-CV-02580, asserting claims for damages in the amount of $1.762 million for alleged (1) failure
−Removed: to pay invoices, of which approximately $1 million would relate to a maintenance agreement for units allegedly manufactured and sold using
−Removed: machinery that was defective and has never successfully produced any saleable products, (2) breach of the implied covenant of good faith
−Removed: and fair dealing, (3) unjust enrichment, and (4) conversion.
−Removed: Plastomold asserts it provided certain products and services to the Company
−Removed: for which its invoices were not fully paid.
−Removed: The Company believes that Plastomold’s claims are without merit and intends to defend
−Removed: itself vigorously and no amounts have been reserved at this point.
−Removed: On June 3, 2024, the Company filed an answer and affirmative defenses
−Removed: and counterclaim, which counterclaim is for damages that the Company believes would exceed the claims asserted by Plastomold, based on
−Removed: the insufficiency of Plastomold’s services and the results thereof, including the failure to provide machinery capable of reliably
−Removed: manufacturing the designated products in compliance with design specifications and functionality requirements, and with respect to which
−Removed: test results failed.
+Added: This proceeding is in the discovery stage.
+Added: On April 3, 2024, Plastomold commenced
+Added: a lawsuit against the Company in the United States District Court for the Eastern District of New York, Plastomold Industries Ltd v.
+Added: Technology, Inc., Case No.
+Added: 2:24-CV-02580, asserting claims for damages in the amount of $1.762 million for alleged (1) failure to pay
+Added: invoices, of which approximately $1 million would relate to a maintenance agreement for units allegedly manufactured and sold using machinery
+Added: that was defective and has never successfully produced any saleable products, (2) breach of the implied covenant of good faith and fair
+Added: dealing, (3) unjust enrichment, and (4) conversion.
+Added: Plastomold asserts it provided certain products and services to the Company for which
+Added: its invoices were not fully paid.
+Added: The Company believes that Plastomold’s claims are without merit and intends to defend itself vigorously
+Added: and no amounts have been reserved at this point.
+Added: On June 3, 2024, the Company filed an answer and affirmative defenses and counterclaim,
+Added: which counterclaim is for damages that the Company believes would exceed the claims asserted by Plastomold, based on the insufficiency
+Added: of Plastomold’s services and the results thereof, including the failure to provide machinery capable of reliably manufacturing the
+Added: designated products in compliance with design specifications and functionality requirements, and with respect to which test results failed.
+Added: This proceeding is in the discovery stage.
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.