BioXcel Therapeutics, Inc. (BTAI)
Confidential investigation: officers & directors’ potential breach of fiduciary duties to investors.
Investigation
03/08/2021
Initial Lawsuit
03/08/2021
Lawsuit Progression
06/03/2021
Investigation regarding XL Fleet’s alleged inflation of sales pipelines, customer reorder rates and regulatory issues; allegations from Muddy Waters Research.
03/03/2021
Muddy Waters publishes a (short) research report, alleging, among others, “exaggerated backlog customer results . . . misleading statements about mileage gains and R.O.I. . . . exaggerated sales prediction . . . weak technology.”
The report further explains: “former salespeople stated that they were pressured to inflate their sales pipelines materially in order to mislead XL’s board and investors. These former salespeople and other employees also told us that XL misleads its customers about performance and savings; and, that due to these exaggerations, customer reorder rates are in reality quite low. (One former employee ballparked the reorder rate at only 10%.) We also understand that roughly half of the customers XL touts in its investor presentation are inactive.”
Stock Impact
Close | Previous close | Price variation | Percentage variation |
---|---|---|---|
$13.86 | $15.95 | $-2.09 | -13.1% |
This is a class action on behalf of persons and entities that purchased or otherwiseacquired XL Fleet securities between October 2, 2020 and March 2, 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:
(1) that XLFleet’s salespeople were pressured to inflate their sales pipelines to boost the Company’s reportedsales and backlog;
(2) that at least 18 of the 33 customers that XL featured were inactive and hadnot placed an order since 2019;
(3) that XL’s technology had been materially overstated andoffered only 5% to 10% of fleet savings;
(4) that XL lacks the supply chain and engineers to rollout new products on the announced timelines;
(5) that, as a result of the foregoing, Defendants’positive statements about the Company’s business, operations, and prospects were materiallymisleading and/or lacked a reasonable basis.
06/03/2021
The court issued an order appointing the lead plaintiff and lead counsel.
07/20/2021
Lead plaintiff brings this securities class action on behalf of persons and entities that purchased or otherwise acquired XL Fleet securities between September 18, 2020 and March 31, 2021, inclusive. Note: the complaint specifies that "as used herein, the term “XL Fleet securities” includes all outstanding securities (including units, common stock, warrants, convertible promissory notes, and options) of XL Fleet and its predecessor Pivotal Investment Corporation II."
Operative complaint
08/26/2021
A motion to dismiss was filed with the court.
Confidential investigation: officers & directors’ potential breach of fiduciary duties to investors.