Levi & Korsinsky, LLP | Securities Class Action Attorneys

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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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ASML

ASML Holding N.V.

Deadline

January 13 2025

Class Period

1/24/24 - 10/15/24

Allegations

(1) the issues being faced by suppliers, like ASML, in the semiconductor industry were much more severe than defendants had indicated to investors; (2) the pace of recovery of sales in the semiconductor industry was much slower than defendants had publicly acknowledged; (3) defendants had created the false impression that they possessed reliable information pertaining to customer demand and anticipated growth, while also downplaying risk from macroeconomic and industry fluctuations, as well as stronger regulations restricting the export of semiconductor technology, including the products that ASML sells; and (4) as a result, defendants’ statements about the Company’s business, operations, and prospects lacked a reasonable basis.

Class Period

1/24/24 - 10/15/24

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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V

Visa Inc.

Deadline

January 21 2025

Class Period

11/16/23 - 9/23/24

Allegations

(1) Visa was not in compliance with federal antitrust laws; (2) Visa did not have effective internal programs and policies to assess and control compliance with federal antitrust laws; and (3) as a result, defendants’ public statements were materially false and/or misleading at all relevant times. When the true details entered the market, the lawsuit claims that investors suffered damages.

Class Period

11/16/23 - 9/23/24

Deadline

January 21 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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CELH

Celsius Holdings, Inc.

Deadline

January 21 2025

Class Period

2/29/24 - 9/4/24

Allegations

(i) the Company deceived the investing public regarding Celsius’ prospects and business; (ii) artificially inflated the market price of Celsius common stock; (iii) allowed certain officers, directors, and insiders to generate enormous insider proceeds by selling more than 21.6 million of their personally held shares of Celsius common stock at artificially inflated prices, reaping more than $1.4 billion; and (iv) caused plaintiff and other members of the class to purchase Celsius common stock at artificially inflated prices and suffer damages as the true facts regarding Celsius were revealed.

Class Period

2/29/24 - 9/4/24

Deadline

January 21 2025

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ZETA

Zeta Global Holdings Corp.

Deadline

January 21 2025

Class Period

2/27/24 - 11/13/24

Allegations

(1) Zeta used two-way contracts to artificially inflate financial results; (2) Zeta engaged in round trip transactions to artificially inflate financial results; (3) Zeta utilized predatory consent farms to collect user data; (4) these consent farms have driven almost the entirety of Zeta’s growth; and (5) 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

2/27/24 - 11/13/24

Deadline

January 21 2025

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WBD

Warner Bros. Discovery, Inc.

Deadline

January 24 2025

Class Period

2/23/24 - 8/7/24

Allegations

(i) WBD’s sports rights negotiations with the NBA were causing, or were likely to cause, the Company to significantly reevaluate its business and goodwill; (ii) WBD’s goodwill in its Networks segment had significantly deteriorated as a result of the difference between its market capitalization and book value, continued softness in certain U.S. advertising markets, and uncertainty related to affiliate and sports rights renewals, including with the NBA; (iii) the foregoing significantly increased the likelihood of WBD incurring billions of dollars in goodwill impairment charges; (iv) accordingly, defendants had overstated WBD’s overall business and financial prospects; and (v) as a result, the Company’s public statements were materially false and misleading at all relevant times.

Class Period

2/23/24 - 8/7/24

Deadline

January 24 2025

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MTCH

Match Group, Inc.

Deadline

January 24 2025

Class Period

5/2/23 - 11/6/24

Allegations

(1) Match Group materially understated the challenges affecting Tinder and, as a result, understated the risk that Tinder’s monthly active user count would not recover by the time the Company reported its financial results for the third quarter of 2024; and (2) as a result, defendants’ statements about Match Group’s business, operations, and prospects were materially false and misleading and/or lacked a reasonable basis at all relevant times.

Class Period

5/2/23 - 11/6/24

Deadline

January 24 2025

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RTO

Rentokil Initial plc

Deadline

January 27 2025

Class Period

12/1/23 - 9/10/24

Allegations

(1) Rentokil experienced levels of disruption in the early pilots of the Terminix integration; (2) Rentokil experienced significant, ongoing, self-inflicted execution challenges integrating Terminix; (3) the disruption and execution challenges imperiled Rentokil’s integration plan for Terminix; (4) Rentokil and Terminix were still two separate businesses that were not yet integrated; (5) Rentokil’s failure to integrate Terminix negatively impacted the Company’s business and operations, particularly organic revenue growth in North America; and (6) as a result of the above, defendants’ positive statements about the Company’s business, operations, and prospects were materially false and misleading and/or lacked a reasonable basis at all relevant times.

Class Period

12/1/23 - 9/10/24

Deadline

January 27 2025

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XRAY

Dentsply Sirona Inc.

Deadline

January 27 2025

Class Period

12/1/22 - 11/6/24

Allegations

(1) Dentsply targeted low-income people who did not have access to good oral hygiene education, a dentist, or dental insurance, which often meant patients signing up for Byte, a DTC aligner solution, had underlying dental issues that would have made them ineligible for treatment; (2) the push for Byte growth and sales commissions caused sales employees to sell to contraindicated patients; (3) as a result of the above, the Byte patient onboarding workflow did not provide adequate assurance that contraindicated patients did not enter treatment; (4) before and during the Class Period, reports of Byte patient injuries were pouring in; (5) Dentsply knew that its Byte aligners were causing severe patient injuries for years but did little to investigate those injuries or notify the FDA; (6) Dentsply had no systems in place to notify the FDA of these injuries, which the Company is required to do within 30 days of learning of a problem; (7) the FDA had received a sharp uptick in reports of serious injuries from Byte patients; (8) as a result of the above, Dentsply materially overstated the goodwill value of Byte; (9) as a result of the above, defendants’ positive statements about the Company’s business, operations, and prospects were materially false and misleading and/or lacked a reasonable basis at all relevant times.

Class Period

12/1/22 - 11/6/24

Deadline

January 27 2025

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CUBI

Customers Bancorp, Inc.

Deadline

January 31 2025

Class Period

3/1/24 - 8/8/24

Allegations

(1) Customers Bancorp had inadequate anti-money laundering practices; (2) as a result, it was not in compliance with its legal obligations, which subjected it to heightened regulatory risk; and (3) as a result, defendants’ statements about Customers Bancorp’s business, operations, and prospects were materially false and misleading and/or lacked a reasonable basis at all times.

Class Period

3/1/24 - 8/8/24

Deadline

January 31 2025

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ASPI

ASP Isotopes Inc.

Deadline

February 3 2025

Class Period

10/30/24 - 11/26/24

Allegations

(1) the Company overstated the potential effectiveness of its enrichment technology; (2) the Company overstated the development potential of its high assay low-enriched uranium facility; (3) the Company overstated the Company’s nuclear fuels operating segment results; 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

10/30/24 - 11/26/24

Deadline

February 3 2025

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SYM

Symbotic Inc.

Deadline

February 3 2025

Class Period

2/8/24 - 11/26/24

Allegations

(1) Symbotic improperly accelerated revenue recognition in its 2024 financial statements; and (2) as a result, defendants’ statements about the Company's business, operations, and prospects were materially false and misleading and/or lacked a reasonable basis at all relevant times.

Class Period

2/8/24 - 11/26/24

Deadline

February 3 2025

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AEHR

Aehr Test Systems, Inc.

Deadline

February 3 2025

Class Period

1/9/24 - 3/24/24

Allegations

(i) contrary to prior representations to investors, Aehr was continuing to experience substantial delays in customer orders; (ii) the foregoing issue was likely to have a material negative impact on the Company’s revenue growth; (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

1/9/24 - 3/24/24

Deadline

February 3 2025

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FIVN

Five9, Inc.

Deadline

February 3 2025

Class Period

6/4/24 - 8/8/24

Allegations

(i) Five9’s net new business was not “strong irrespective of the macro” and was, in fact, hampered by macroeconomic issues such as constrained and scrutinized customer budgets; (ii) Five9 was in the midst of a challenging bookings quarter due, in part, to sales execution and efficiency issues, and the Company was not “seeing very strong bookings momentum”; and (iii) defendants did not have “enough information in terms of [their] existing customers that are going live” such that the statements that Five9 would see a positive inflection in its dollar-based retention rate lacked a reasonable basis.

Class Period

6/4/24 - 8/8/24

Deadline

February 3 2025

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MQ

Marqeta, Inc.

Deadline

February 7 2025

Class Period

5/7/24 - 11/4/24

Allegations

(1) Marqeta understated the regulatory challenges affecting its business outlook; (2) as a result, Marqeta would have to cut its guidance for the fourth quarter of 2024 and; (3) as a result, defendants’ public statements were materially false and/or misleading at all relevant times.

Class Period

5/7/24 - 11/4/24

Deadline

February 7 2025

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KYTX

Kyverna Therapeutics, Inc.

Deadline

February 7 2025

Class Period

This lawsuit is on behalf of all those who purchased or otherwise acquired Kyverna common stock pursuant and/or traceable to the Company's offering documents issued in connection with its February 2024 initial public offering.

Allegations

(i) the strategy to best accomplish the IPO; (ii) the terms of the IPO, including the price at which Kyverna’s common stock would be sold; (iii) the language to be used in the Offering Documents; (iv) what disclosures about Kyverna would be made in the Offering Documents; and (v) what responses would be made to the SEC in connection with its review of the Offering Documents. As a result of those constant contacts and communications between the underwriter defendants’ representatives and Kyverna’s management, directors, and lawyers, at a minimum, the underwriterd defendants should have known of Kyverna’s undisclosed then-existing problems and plans, and the Offering Document’s materially inaccurate, misleading, and incomplete statements and omissions, as detailed herein.

Class Period

Deadline

February 7 2025

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SUI

Sun Communities, Inc.

Deadline

February 10 2025

Class Period

2/28/19 - 9/24/24

Allegations

According to the complaint, defendants provided investors with material information concerning SUI’s accounting practices and internal control over financial reporting. On September 24, 2024, after market close, an investment research report emerged calling into question the integrity of SUI’s Board and the integrity of the Company’s governance, controls, and financial disclosures. Investors and analysts reacted immediately to SUI’s revelation. The price of SUI’s common stock declined dramatically. From a closing market price of $139.10 per share on September 24, 2024, SUI’s stock price fell to a low of $137.48 per share on September 25, 2024.

Class Period

2/28/19 - 9/24/24

Deadline

February 10 2025

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SAVA

Cassava Sciences, Inc.

Deadline

February 10 2025

Class Period

2/7/24 - 11/24/24

Allegations

According to the complaint, defendants provided investors with material information concerning Cassava’s leading drug candidate, simufilam. Defendants’ statements included, among other things, clear confidence in simufilam’s ability to treat Alzheimer’s Disease. On November 25, 2024, Cassava released topline results for the first of its two ongoing Phase 3 studies on simufilam, the “ReThink-ALZ” study. The results indicated that simufilam failed to meet each of the pre-specified primary, secondary, and exploratory endpoints; in sum, simufilam failed to outperform the placebo. Following this news, the price of Cassava’s common stock declined dramatically. From a closing market price of $26.48 per share on November 22, 2024, Cassava’s stock price fell to $4.30 per share on November 25, 2024, a decline of about 83.76% in the span of just a single day.

Class Period

2/7/24 - 11/24/24

Deadline

February 10 2025

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MGPI

MGP Ingredients, Inc.

Deadline

February 14 2025

Class Period

5/4/23 - 10/30/24

Allegations

According to the filed complaint, throughout the class period, defendants made materially false and/or misleading statements, and failed to disclose material adverse facts about MGPI's business, operations, and prospects. Specifically, defendants repeatedly touted a strong demand and “normal” inventory levels in brown goods (i.e., American whiskies and tequila), when in fact there had been a slowdown in consumption and oversupply in their products. Worse, defendants had assured investors that they were positioned differently than their competitors, and that this was a non-issue, because MGPI had already taken steps to mitigate the risk, when in fact it had not.

Class Period

5/4/23 - 10/30/24

Deadline

February 14 2025

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APLT

Applied Therapeutics, Inc.

Deadline

February 18 2025

Class Period

1/3/24 - 12/2/24

Allegations

According to the complaint, on November 27, 2024, Applied Therapeutics issued a press release announcing that it had received a Complete Response Letter (CRL) for the New Drug Application (NDA) for govorestat, the Company’s lead drug candidate. The CRL indicated that the FDA completed its review of the application and determined that it was unable to approve the NDA in its current form citing deficiencies in the clinical application. Following this news, the price of Applied Therapeutics’ common stock declined dramatically. From a closing market price of $10.21 per share on November 26, 2024, Applied Therapeutics’ stock price fell to $8.57 per share on November 27, 2024 before falling further to $2.03 on November 29, 2024 and $1.75 per share on December 2, 2024, a total decline of more than 80%. After market hours on December 2, 2024, Applied Therapeutics disclosed it received a “warning letter” from the FDA referring to the clinical trial issues underlying the CRL. Applied Therapeutics’ disclosure of the “warning letter” prompted a further decline in the stock price as investors discovered the seriousness and severity of the Company’s clinical trial errors. From a closing market price of $1.75 per share on December 2, 2024, Applied Therapeutics’ stock price fell to $1.69 per share on December 3, 2024 before falling further to $1.38 per share on December 4, 2024 and $1.29 per share on December 5, 2024.

Class Period

1/3/24 - 12/2/24

Deadline

February 18 2025

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Upcoming Deadlines

EVLV

Evolv Technologies Holdings, Inc.

LILM

Lilium N.V.

CMG

Chipotle Mexican Grill, Inc.

PAC

PACS Group, Inc.

ASML

ASML Holding N.V.

HAS

Hasbro, Inc.

WOLF

Wolfspeed, Inc.

HUMA

Humacyte, Inc.

V

Visa Inc.

XRX

Xerox Holdings Corporation

CELH

Celsius Holdings, Inc.

ZETA

Zeta Global Holdings Corp.

WBD

Warner Bros. Discovery, Inc.

MTCH

Match Group, Inc.

RTO

Rentokil Initial plc

XRAY

Dentsply Sirona Inc.

CUBI

Customers Bancorp, Inc.

ASPI

ASP Isotopes Inc.

SYM

Symbotic Inc.

AEHR

Aehr Test Systems, Inc.

FIVN

Five9, Inc.

MQ

Marqeta, Inc.

KYTX

Kyverna Therapeutics, Inc.

SUI

Sun Communities, Inc.

SAVA

Cassava Sciences, Inc.

MGPI

MGP Ingredients, Inc.

APLT

Applied Therapeutics, Inc.

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