BioXcel Therapeutics, Inc. (BTAI)
Confidential investigation: officers & directors’ potential breach of fiduciary duties to investors.
Investigation
11/05/2021
Initial Lawsuit
02/07/2022
Lawsuit Progression
05/04/2022
Did Telos mislead investors regarding the TSA and CMS contracts impact on its financials, guidance? What of statements made during the Q3 2021 financial results conference call?
We have opened this page for investors to gather facts, findings and track related lawsuits. We invite investors and shareholders to read the events in the factual timeline below, add any and vote on their pertinence.
A lawsuit was subsequently filed. These questions might be answered by a judge in a court of justice. We will update this post as it unfolds.
11/15/2021
Telos hosts its Q3 2021 financial results call iterating the reduced guidance for the year, replacing sales of $283 million to $295 million with $240 million to $245 million. CFO Benzda explained to investors that they “are not expecting [the TSA PreCheck] program to deliver meaningful sales this year” and are “not putting CMS into [their] ’22 outlook.”
“With our updated guidance this quarter, we are now eliminating the remaining $25 million of sales and $10 million of adjusted EBITDA from the TSA PreCheck expansion program in the fourth quarter. In total, we have lowered our sales assumptions on these two programs by $54 million and our adjusted EBITDA assumptions by $21 million. The guidance reductions attributable to the CMS and TSA programs are partially offset by better-than-expected performance elsewhere in our portfolio. . .“
Stock Impact
Close | Previous close | Price variation | Percentage variation |
---|---|---|---|
$17.54 | $24.38 | $-6.84 | -28.06% |
This is a class action on behalf of all persons and entities that purchased Telos common stock between November 19, 2020 and November 12, 2021, inclusive.
According to the complaint, defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the company’s business, operations, and prospects. Specifically, defendants allegedly failed to disclose to investors that:
(1) the TSA and CMS contracts, which constituted a majority of the company’s future revenues, were not on track to commence as represented at the end of 2021 and in 2022;
(2) defendants lacked a reasonable basis and sufficient visibility to provide and affirm the company’s 2021 guidance in the face of the uncertainty surrounding the TSA and CMS contracts;
(3) COVID-19- and hacking scandal-related headwinds were throwing off the timing for performance of the TSA and CMS contracts and their associated revenues;
(4) as a result, the guidance provided by defendants was not in fact “conservative”;
(5) as a result of the delays, Telos would be forced to dramatically reduce its revenue estimates; and
(6) as a result of the foregoing, defendants’ statements about Telos’ business, operations, and prospects, were materially false and/or misleading and/or lacked a reasonable basis.
05/04/2022
The court issued an order appointing the lead plaintiff and lead counsel.
06/15/2022
Operative complaint
07/15/2022
A motion to dismiss was filed with the court.
Confidential investigation: officers & directors’ potential breach of fiduciary duties to investors.