Legal Proceedings.
−Removed: In May 2020, we were named as a defendant in three California state court class action lawsuits arising from a data breach that we experienced in January 2020.
+Added: In April 2020, we were named as a defendant in four federal class action lawsuits relating to a data breach we experienced in January 2020, each of which was subsequently dismissed.
+Added: In addition, in May 2020 we were named as a defendant in three California state court class action lawsuits arising from the same data breach.
Collectively, these lawsuits seek statutory, compensatory, actual, and punitive damages;
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Tandem Diabetes Care, Inc.
−Removed: The consolidated case alleges violations of the Confidentiality of Medical Information Act (CMIA), CCPA, California’s Unfair Competition Law (UCL), and breach of contract.
+Added: The consolidated case alleges violations of the Confidentiality of Medical Information Act (CMIA), California Consumer Privacy Act (CCPA), California’s Unfair Competition Law (UCL), and breach of contract.
We filed a demurrer seeking dismissal of all claims, which was heard by the Court on October 27, 2020, and which resulted in the following outcome:
(i) the demurrer of the CMIA claim was denied;
−Removed: and (ii) the demurrer of the CCPA, UCL, and contract claims were sustained with leave to amend the pending complaint.
−Removed: A second amended complaint was filed by the plaintiffs on November 25, 2020 and we filed a demurrer to such second amended complaint on December 28, 2020.
+Added: (ii) the demurrer of the CCPA claim was sustained;
+Added: and (iii) the demurrer of the UCL and contract claims were sustained with leave to amend the pending complaint.
+Added: A second demurrer was heard by the Court on March 29, 2021 with the following outcome:
+Added: (i) the demurrer of the CMIA claim was denied;
+Added: and (ii) the demurrer of the UCL and contract claims were narrowed in scope to dismiss three plaintiffs for failing to allege cognizable damages or injuries-in-fact, resulting in two remaining plaintiffs.
+Added: Although we intend to vigorously defend against these claims, there is no guarantee that we will prevail.
+Added: We are presently unable to determine the ultimate outcome of these lawsuits or determine the amount (or range) of possible losses associated with the lawsuits.
In September 2020, we were named as a defendant in a lawsuit entitled Buck Walsh, individually and on behalf of others similarly situated v.
−Removed: Tandem Diabetes Care, Inc.
−Removed: , which was filed in the Superior Court of the State of California in San Diego County.
+Added: Tandem Diabetes Care, Inc., which was filed in the Superior Court of the State of California in the County of San Diego.
The alleged violations include business and professions code and labor code violations for failure to compensate wages, unpaid meal and rest periods, and failure to reimburse for necessary business-related expenses.
−Removed: The proposed class of plaintiffs includes hourly paid or non-exempt employees of the Company who were employed from April 6, 2016 through the date of adjudication.
−Removed: Although we intend to vigorously defend against these claims, there is no guarantee that we will prevail.
−Removed: Accordingly, we are unable to determine the ultimate outcome of these lawsuits or determine the amount or range of potential losses associated with the lawsuits.
−Removed: From time to time, we are involved in various other legal proceedings arising from or related to claims incident to the normal course of our business activities, including actions with respect to intellectual property, employment, regulatory, product liability and contractual matters.
−Removed: Although the results of such legal proceedings and claims cannot be predicted with certainty, we believe we are not currently a party to any legal proceeding(s) which, if determined adversely to us, would, individually or taken together, have a material adverse effect on our business, operating results, financial condition or cash flows.
+Added: The case was brought as a class action and was later amended to also include a representative action under the California Private Attorney General Act, or PAGA.
+Added: The class of plaintiffs includes hourly paid or non-exempt employees of the Company who were employed from April 6, 2016 through the date of adjudication.
+Added: The parties recently agreed to resolve all claims in the lawsuit.
+Added: The settlement of claims covered by the PAGA matter were approved by the Superior Court of the State of California in the County of San Diego on September 21, 2021 and settlement amounts were disbursed in 2021.
+Added: Also in October 2021, a settlement of the class action related claims was preliminarily approved by an independent arbitrator mutually acceptable to both parties.
+Added: The class action settlement is intended to resolve the claims of the individual plaintiff, as well as the remaining members of the class, unless an individual class member submits a timely request for exclusion.
+Added: The material terms of the settlement are set forth in a binding Memorandum of Agreement dated as of July 1, 2021, which is subject to the completion of a number of conditions, as well as final approval by the independent arbitrator.
+Added: There is no guarantee that the conditions will be met or that final approval will be obtained.
+Added: If the final class settlement is not approved, or if other conditions to approval of the settlement are not met, the case will continue and the Company will continue to vigorously defend against the claims.
+Added: From time to time, we are involved in various other legal proceedings, regulatory matters, and other disputes or claims arising from or related to the normal course of our business activities, including actions with respect to intellectual property, data privacy, employment, regulatory, product liability and contractual matters.
+Added: Although the results of legal proceedings, disputes and other claims cannot be predicted with certainty, we believe we are not currently a party to any legal proceeding(s) which, if determined adversely to us, would, individually or taken together, have a material adverse effect on our business, operating results, financial condition or cash flows.
However, regardless of the merit of the claims raised or the outcome, legal proceedings may have an adverse impact on us as a result of defense and settlement costs, diversion of management time and resources, and other factors.
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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.