Levi & Korsinsky, LLP | Securities Class Action Attorneys

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MGX

Metagenomi, Inc.

Deadline

November 25 2024

Class Period

This lawsuit is on behalf of all shareholders that purchased stock pursuant and/or traceable to Metagenomi’s registration statement for the initial public offering held between February 9 and 13, 2024.

Allegations

According to the complaint, Metagenomi introduced itself to investors during its initial public offering as a “genetic medicines company” having a long-standing business relationship with Moderna, one of the leading Covid-19 vaccine companies. Integral to Metagenomi’s collaboration with Moderna was the claim that the two companies had entered into a Strategic Collaboration and License Agreement on October 29, 2021, which included multiple four-year research programs and a subsequent licensed product-by-licensed product agreement. Metagenomi completed its initial public offering on February 13, 2024, selling 6.25 million shares at $15 per share. However, less than three months later, on May 1, 2024, Metagenomi announced that it and Moderna had “mutually agreed to terminate their collaboration” agreement. An analyst reported on the announcement, noting that the news was surprising, as was its timing. The analyst also noted that the partnership Metagenomi had with Moderna was a critical part of the core thesis and that losing this partnership during this early stage in development raised more questions than answers. In response to the news, Metagenomi’s stock price declined from $7.04 per share on May 1, 2024 to $6.17 per share on May 2, 2024.

Class Period

Deadline

November 25 2024

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BMBL

Bumble Inc.

Deadline

November 25 2024

Class Period

11/7/23 - 8/7/24

Allegations

According to the complaint, defendants provided overwhelmingly positive statements to investors while, at the same time, disseminating materially false and misleading statements and/or concealing material adverse facts concerning Bumble’s relaunch strategy, including: Premium Plus and base tiers, focused engagement and more personalized experiences for younger users, and enhancing premium offerings for paid subscription members. Such statements absent material facts caused shareholders to purchase Bumble’s securities at artificially inflated prices. The truth began to emerge on February 27, 2024, when Bumble issued a press release reporting disappointing fourth quarter fiscal 2023 results despite the recent launch of the Premium Plus subscription tier in December 2022. During the subsequent earnings call, management announced that the Premium Plus tier would be revamped as part of the planned Bumble app relaunch, as it “did not have a clear enough market fit” at launch. As a result, Bumble lowered its guidance for full year 2024. In response to this news, Bumble’s stock price declined from $13.18 per share on February 27, 2024 to $11.23 per share on February 28, 2024. On August 7, 2024, Bumble issued a press release announcing mixed second quarter 2024 results. During the corresponding earnings call, defendants disclosed that the app relaunch was not going to plan and the Company would need to “reset” its outlook to refocus on the “consumer ecosystem” and “rebalance Bumble subscription tiers,” including a pause in the revamp of the poorly received Premium Plus tier. On the back of this news, Bumble drastically cut its fiscal year guidance for a second time. As a result, the price of Bumble stock declined from $8.06 per share on August 7, 2024 to $5.71 per share on August 8, 2024.

Class Period

11/7/23 - 8/7/24

Deadline

November 25 2024

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LLAP

Terran Orbital Corporation

Deadline

November 26 2024

Class Period

8/15/23 - 8/14/24

Allegations

(i) it would take much longer than defendants had represented to investors and analysts for Terran to convert its contracts with its customers (collectively, “Customer Contracts”) into revenue and free cash flow; (ii) Terran did not have adequate liquidity to operate its business while waiting for the Customer Contracts to generate revenue and free cash flow; (iii) Terran had concealed the true scope and severity of its dire financial situation; and (iv) as a result of the foregoing, Terran’s public statements were materially false and misleading at all relevant times.

Class Period

8/15/23 - 8/14/24

Deadline

November 26 2024

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FNA

Paragon 28, Inc.

Deadline

November 29 2024

Class Period

5/5/23 - 9/20/24

Allegations

(1) Paragon 28’s financial statements were misstated; (2) Paragon 28 lacked adequate internal controls and at times understated the extent of the issues with its internal controls; and (3) as a result, defendants’ statements about its business, operations, and prospects, were materially false and misleading and/or lacked a reasonable basis at all times.

Class Period

5/5/23 - 9/20/24

Deadline

November 29 2024

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ELAN

Elanco Animal Health Incorporated

Deadline

December 6 2024

Class Period

11/7/23 - 6/26/24

Allegations

(i) Zenrelia, a once-daily oral inhibitor for canine dermatology, was less safe than the Company had led investors to believe; (ii) Elanco was unlikely to meet its own previously issued timeline for the U.S. approval and commercial launch of both Zenrelia and Credelio Quattro, a broad spectrum parasiticide product for dogs; (iii) accordingly, the Company’s business and/or financial prospects were overstated; and (iv) as a result, the Company’s public statements were materially false and misleading at all relevant times.

Class Period

11/7/23 - 6/26/24

Deadline

December 6 2024

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IREN

Iris Energy Limited

Deadline

December 6 2024

Class Period

6/23/23 - 7/11/24

Allegations

(1) defendants overstated Iris Energy’s prospects with data centers and high performance computing, in large part as a result of material deficiencies in Iris Energy’s Childress County, Texas site; and (2) as a result, defendants’ statements about its business, operations, and prospects, were materially false and misleading and/or lacked a reasonable basis at all relevant times.

Class Period

6/23/23 - 7/11/24

Deadline

December 6 2024

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AILE

iLearningEngines, Inc.

Deadline

December 6 2024

Class Period

4/22/24 - 8/28/24

Allegations

(1) the Company’s “Technology Partner” was an undisclosed related party; (2) the Company used its undisclosed related party Technology Partner to report “largely fake” revenue and expenses; (3) as a result of the foregoing, the Company significantly overstated its revenue; and (4) 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.

Class Period

4/22/24 - 8/28/24

Deadline

December 6 2024

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EW

Edwards Lifesciences Corporation

Deadline

December 13 2024

Class Period

2/6/24 - 7/24/24

Allegations

According to the complaint, defendants provided investors with material information concerning Edwards’ expected revenue for the fiscal year 2024, particularly as it related to the growth of the Company’s core product, Transcatheter Aortic Valve Replacement (“TAVR”). Defendants’ statements included, among other things, strong commitment to the TAVR platform, confidence in the Company’s ability to capitalize on a subset of untreated patients through scaling of its various patient activation activities, and continued claims of significant demand in allegedly lower-penetrated markets. On July 24, 2024, Edwards unveiled below-expectation financial results for the second quarter of fiscal 2024 and, in particular, slashed its revenue guidance for the TAVR platform for the full fiscal year 2024. The Company attributed the TAVR setback on the “continued growth and expansion of structural heart therapies … [which] put pressure on hospital workflows.” Investors understood this to mean that developments in new procedures, including defendant’s own Transcatheter Mitral and Tricuspid Therapies (“TMTT”), put significant strain on hospital structural heart teams such that they were underutilizing TAVR, despite the Company’s continued claim of a significantly undertreated patient population. Moreover, the Company announced three acquisitions during the second quarter designed to embolden their treatments alternative to TAVR, suggesting further that the company was aware of the potential for the TAVR platform’s decelerated growth. Investors and analysts reacted immediately to Edwards’ revelations. The price of Edwards’ common stock declined dramatically. From a closing market price of $86.95 per share on July 24, 2024, Edwards’ stock price fell to $59.70 per share on July 25, 2024, a decline of about 31.34% in the span of just a single day.

Class Period

2/6/24 - 7/24/24

Deadline

December 13 2024

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MAPS

WM Technology, Inc.

Deadline

December 16 2024

Class Period

5/25/21 - 9/24/24

Allegations

According to the filed complaint, defendants made false statements and/or concealed that: defendants acted with scienter in that they knew that the public documents and statements issued or disseminated in the name of the Company were materially false and misleading; knew that such statements or documents would be issued or disseminated to the investing public; and knowingly and substantially participated, or acquiesced in the issuance or dissemination of such statements or documents as primary violations of the securities laws. These defendants by virtue of their receipt of information reflecting the true facts of the Company, their control over, and/or receipt and/or modification of the Company’s allegedly materially misleading statements, and/or their associations with the Company which made them privy to confidential proprietary information concerning the Company, participated in the fraudulent scheme alleged herein.

Class Period

5/25/21 - 9/24/24

Deadline

December 16 2024

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AIXI

Xiao-I Corporation

Deadline

December 16 2024

Class Period

3/9/23 - 7/12/24

Allegations

(i) defendants had downplayed the true scope and severity of risks that Xiao-I faced due to certain of its Chinese shareholders’ non-compliance with foreign investment enterprises established by way of round-tripping, including the Company’s inability to use offering proceeds for intended business purposes; (ii) Xiao-I had failed to comply with Generally Accepted Accounting Principles in preparing its financial statements; (iii) defendants had overstated Xiao-I’s efforts to remediate material weaknesses in the Company’s financial controls; (iv) Xiao-I was forced to incur significant R&D expenses to effectively compete in the AI industry; (v) Xiao-I had downplayed the significant negative impact that such expenses would have on the Company’s business and financial results; (vi) accordingly, Xiao-I overstated its AI capabilities, R&D resources, and overall ability to compete in the AI market; (vii) as a result of all the foregoing, there was a substantial likelihood that Xiao-I would fail to comply with the NASDAQ’s Minimum Bid Price Requirement; and (viii) as a result, the offering documents and defendants’ public statements throughout the class period were materially false and/or misleading and failed to state information required to be stated therein.

Class Period

3/9/23 - 7/12/24

Deadline

December 16 2024

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TD

The Toronto-Dominion Bank

Deadline

December 23 2024

Class Period

2/29/24 - 10/9/24

Allegations

According to the complaint, on October 10, 2024, TD unveiled the resolutions reached from United States investigations, which included, in addition to the punitive payment of $3.09 billion, both an asset cap, preventing TD’s U.S. subsidiaries from exceeding a collective $434 billion, a reflection of the Company’s assets as of September 30, 2024, and further subjects TD to more stringent approval processes for its product, service, and market rollouts. Further, the Department of Justice, in their own corresponding release, highlighted the significance of TD’s failures as “the largest bank in U.S. history to plead guilty to Bank Secrecy Act program failures, and the first US bank in history to plead guilty to conspiracy to commit money laundering.” The unveiling of the scope of the Company’s anti-money laundering failures surprised investors and analysts alike as they reacted immediately to the revelations. The price of TD’s common stock declined dramatically. From a closing market price of $63.51 per share on October 9, 2024, TD’s stock price fell to $59.44 per share on October 10, 2024, and further to $57.01 on October 11, 2024, a decline of more than 10.23% in the span of just two days.

Class Period

2/29/24 - 10/9/24

Deadline

December 23 2024

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EVLV

Evolv Technologies Holdings, Inc.

Deadline

December 31 2024

Class Period

8/19/22 - 10/30/24

Allegations

According to the filed complaint, defendants made false and/or misleading statements and/or failed to disclose that: Company’s financial statements prepared for the periods between Q2 2022 through Q2 2024 contained material misstatements relating to improper revenue recognition and other reported metrics that are a function of revenue. In truth, Evolv’s sales, including sales to one of its largest channel partners, were subject to extra-contractual terms and conditions not shared with the Company’s accounting personnel, distorting the Company’s reported revenue and other metrics that are a function of revenue during the Class Period. What’s more, far from the Company’s touted “growing momentum” and “continued traction” with channel partners, the Company’s personnel was engaged in misconduct concerning sales to one of the Company’s largest channel partners.

Class Period

8/19/22 - 10/30/24

Deadline

December 31 2024

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LILM

Lilium N.V.

Deadline

January 6 2025

Class Period

6/11/24 - 11/3/24

Allegations

(1) defendants overstated the progress of the Company’s fundraising activities; (2) defendants overstated the likelihood and/or feasibility of obtaining sufficient funding to continue operations; (3) defendants failed to sufficiently disclose the imminent insolvency of the Company and its subsidiaries; and (4) 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.

Class Period

6/11/24 - 11/3/24

Deadline

January 6 2025

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CMG

Chipotle Mexican Grill, Inc.

Deadline

January 10 2025

Class Period

2/8/24 - 10/29/24

Allegations

(1) Chipotle’s portion sizes were inconsistent and left many customers dissatisfied with the Company’s offerings; (2) in order to address the issue and retain customer loyalty, the Company would have to ensure more generous portion sizes, which would increase cost of sales; and (3) as a result, defendants’ statements about its business, operations, and prospects, were materially false and misleading and/or lacked a reasonable basis at all relevant times.

Class Period

2/8/24 - 10/29/24

Deadline

January 10 2025

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PAC

PACS Group, Inc.

Deadline

January 13 2025

Class Period

This lawsuit is on behalf of persons and entities that purchased or otherwise acquired PACS Group: (a) common stock pursuant and/or traceable to the registration statement and prospectus issued in connection with the Company’s April 11, 2024 initial public offering; and/or (b) securities between April 11, 2024 and November 5, 2024 inclusive.

Allegations

(1) the Company engaged in a “scheme” to submit false Medicare claims which “drove more than 100% of PACS’ operating and net income from 2020 – 2023”; (2) the Company engaged in a “scheme” to “bill thousands of unnecessary respiratory and sensory integration therapies to Medicare”; (3) the Company engaged in a scheme to falsify documentation related to licensure and staffing; and (4) 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.

Class Period

Deadline

January 13 2025

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HAS

Hasbro, Inc.

Deadline

January 13 2025

Class Period

2/7/22 - 10/25/23

Allegations

According to the filed complaint, it is alleged that defendants made numerous materially false and misleading statements and omissions about the quality inventory that Hasbro held throughout the class period, and represented that its rising inventory levels reflected outstanding and anticipated demand, rather than excess supply that outpaced waning demand. As a result of the foregoing, Hasbro common stock traded at artificially inflated prices throughout the Class Period and defendants’ statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis.

Class Period

2/7/22 - 10/25/23

Deadline

January 13 2025

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WOLF

Wolfspeed, Inc.

Deadline

January 17 2025

Class Period

8/16/23 - 11/6/24

Allegations

According to the complaint, defendants provided the public with revenue projections that depended on Wolfspeed’s Mohawk Valley fabrication facility ramping its production to meet and/or exceed demand for its 200mm wafer product. On November 6, 2024, Wolfspeed announced its financial results for the first quarter of fiscal year 2025 and unveiled guidance for the second quarter well below expectations. While defendants had repeatedly claimed that 20% utilization of the Mohawk Valley fabrication facility would result in $100 million revenue out of the facility, defendants now guided to a range 30% to 50% below that mark. The Company attributed its results and lowered guidance to “demand … ramp[ing] more slowly than we originally anticipated” as “EV customers revise their launch time lines as the market works though this transition period.” Investors and analysts reacted immediately to Wolfspeed’s revelation. The price of Wolfspeed’s common stock declined dramatically. From a closing market price of $13.71 per share on November 6, 2024, Wolfspeed’s stock price fell to $8.33 per share on November 7, 2024, a decline of about 39.24% in the span of just a single day.

Class Period

8/16/23 - 11/6/24

Deadline

January 17 2025

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HUMA

Humacyte, Inc.

Deadline

January 17 2025

Class Period

5/10/24 - 10/17/24

Allegations

(1) the Company’s Durham, North Carolina facility failed to comply with good manufacturing practices, including quality assurance and microbial testing; (2) the FDA’s review of the biologics license application would be delayed while Humacyte remediated these deficiencies; and (3) as a result, there was a substantial risk to FDA approval of acellular tissue engineered vessel for vascular trauma; and (4) 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.

Class Period

5/10/24 - 10/17/24

Deadline

January 17 2025

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XRX

Xerox Holdings Corporation

Deadline

January 21 2025

Class Period

1/25/24 - 10/28/24

Allegations

(1) after a large workforce reduction, the Company’s salesforce was reorganized with new territory assignments and account coverage; (2) as a result, the Company’s salesforce productivity was disrupted; (3) as a result, the Company had a lower rate of sell-through of older products; (4) the difficulties in flushing out older product would delay the launch of key products; (5), as a result, Xerox was likely to experience lower sales and revenue; and (6) 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.

Class Period

1/25/24 - 10/28/24

Deadline

January 21 2025

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Upcoming Deadlines

MGX

Metagenomi, Inc.

BMBL

Bumble Inc.

LLAP

Terran Orbital Corporation

FNA

Paragon 28, Inc.

ELAN

Elanco Animal Health Incorporated

IREN

Iris Energy Limited

AILE

iLearningEngines, Inc.

EW

Edwards Lifesciences Corporation

MAPS

WM Technology, Inc.

AIXI

Xiao-I Corporation

TD

The Toronto-Dominion Bank

EVLV

Evolv Technologies Holdings, Inc.

LILM

Lilium N.V.

CMG

Chipotle Mexican Grill, Inc.

PAC

PACS Group, Inc.

HAS

Hasbro, Inc.

WOLF

Wolfspeed, Inc.

HUMA

Humacyte, Inc.

XRX

Xerox Holdings Corporation

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