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The RealReal Inc. (“TRR”) promotes itself as the world’s largest online marketplace for authenticated, consigned luxury goods. On June 27, 2019, TRR held its Initial Public Offering (“IPO”), wherein the IPO related documents maintained that TRR’s luxury items were, inter alia, put through a “rigorous, multi-point, brand-specific authentication process” conducted by “highly trained” authentication staff….

The action concerned alleged breaches of fiduciary duty by certain current and former officers and directors of Vanda Pharmaceuticals Inc. (“Vanda”) relating to the purported off-label promotion of Vanda’s two commercially-available drugs: Fanapt®, which is FDA-approved to treat schizophrenia in adults, and Hetlioz®, which is FDA-approved to treat Non-24-Hour Sleep-Wake Disorder (“Non-24”), a circadian rhythm…

The action was brought derivatively on behalf of nominal defendant Aqua Metals, Inc. (“Aqua Metals”) and alleges that certain officers and directors violated the federal securities laws and breached their fiduciary duties by making or permitting the Company to make materially false statements or omissions, causing the Company to fail to maintain internal controls, and…

The action alleged that between at least November 2013 and October 2015, certain officers and directors caused Capstone Turbine Corporation (“Capstone”) to make repeated false and/or misleading statements about Capstone’s business and business prospects that led stockholders and the investing public to believe Capstone was on an upward trajectory. The alleged false and misleading statements…

Hynes & Hernandez LLC was part of the litigation team that prosecuted claims on behalf of Equifax Inc. (“Equifax”) against certain of Equifax’s current and former officers and directors for breaches of fiduciary duty arising out of Equifax’s massive 2017 data breach. The terms of the settlement included: (1) the Defendants’ agreement to cause their…

The action brought on behalf of Osiris Therapeutics, Inc. (“Osiris”) alleged breach of fiduciary duty claims against certain officers and directors in connection with, among other things, their failure to adopt and implement adequate accounting and financial reporting systems and for allegedly causing the Company to make false and misleading statements regarding its financial condition….

Revolution Lighting Technologies, Inc. (“Revolution”) designs, manufactures, markets, and sells light-emitting diode lighting solutions for various usages to industrial, commercial, and government markets. The shareholder derivative actions brought on behalf of Revolution allege that from 2014 through 2018, Revolution improperly recorded its revenue using the bill-and-hold method of revenue accounting. In August 2018, Revolution disclosed…

The shareholder derivative actions brought on behalf of Fifth Street Finance Corp. (“FSC”), a publicly traded business development company (“BDC”), alleged that insiders at FSC’s external manager, Fifth Street Asset Management, Inc. (“FSAM”), caused FSC to take actions contrary to its interests in order to inflate FSAM’s stock price before FSAM’s November 2014 initial public…

The derivative action brought on behalf of Avon and its shareholders alleges breach of fiduciary duty claims against certain officers and directors in connection with, among other things, alleged violations of the Foreign Corrupt Practices Act of 1977 (“FCPA”). It is alleged that Avon violated the FCPA by paying bribes and kickbacks to get or…

The derivative action brought on behalf of Galena and its shareholders arises from allegations that certain officers and/or directors of Galena secretly hired a stock promotion firm to “pump up” Galena’s stock price, so that they could later sell Galena stock while in possession of non-public information and at a time when Galena stock was…