BioXcel Therapeutics, Inc. (BTAI)
Confidential investigation: officers & directors’ potential breach of fiduciary duties to investors.
Investigation
03/03/2022
Initial Lawsuit
03/30/2022
Lawsuit Progression
05/31/2022
Investors investigation in connection with statements released following the August 26, 2021, business combination between Volta Industries, Inc., a private entity, and Tortoise Acquisition Corp. II, a special purpose acquisition company (SPAC), pursuant to which the combined entity was named Volta Inc. On March 3, 2022, Volta pre-announced an expected $69.7 million net loss for its quarter. The loss stems from the understatement of stock-based compensation resulting in a restatement of its third quarter 2021 financial results. Soon after, the company announced that its founders Scott Mercer (CEO) Christopher Wendel (President) resigned, causing the company stock price to drop dramatically.
03/28/2022
Volta announces that its founder Scott Mercer chief executive officer (CEO) and its co-founder and president Chris Wendel, have resigned. The resignation follows the disclosure of a material weakness in the company’s internal control over financial reporting related to understated compensation. Volta previously reported that the material error led to a restatement and the increase of a reported net loss by $26.1 million.
Stock Impact
Close | Previous close | Price variation | Percentage variation |
---|---|---|---|
$3.37 | $4.13 | $-0.76 | -18.4% |
This is a class action on behalf of persons and entities that purchased or otherwise acquired Volta securities between August 2, 2021 and March 28, 2022, 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:
(1) that Volta had improperly accounted for restricted stock units issued in connection with the August 26, 2021, Volta Industries, Inc. and Tortoise Acquisition Corp. II business combination;
(2) that, as a result, the company had understated its net loss for third quarter 2021;
(3) that there were material weaknesses in the company’s internal control over financial reporting that resulted in a material error;
(4) that, as a result of the foregoing, the Company would restate its financial statements;
(5) that, as a result of the foregoing, Legacy Volta’s founders would imminently exit the company;
(6) that, as a result, the company’s financial results would be adversely impacted; and
(7) that, as a result of the foregoing, defendants’ positive statements about the company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis.
The lead plaintiff deadline has passed, we will update this page as the lawsuit progresses
Confidential investigation: officers & directors’ potential breach of fiduciary duties to investors.