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Kessler Topaz Meltzer & Check, LLP: Investor Class Action Filed Against CytoDyn Inc. for Securities Fraud Violations

Notice is hereby given that a class action lawsuit has been filed on behalf of those who purchased or acquired CytoDyn Inc. (“CytoDyn”) (OTCMKTS: CYDY) common stock between March 27, 2020, and March 9, 2021, inclusive (the “Class Period”).
 

CytoDyn investors may receive additional information about the case by clicking the link "Submit Your Information" above.


CytoDyn is a biotechnology company that has focused on the development and commercialization of a drug named “Leronlimab” which has long been promoted as a potential therapy for HIV patients.  Since the beginning of the global COVID-19 pandemic, CytoDyn began aggressively touting Leronlimab as a treatment for COVID-19. Following CytoDyn’s pivot to hyping Leronlimab as a treatment for COVID-19, CytoDyn’s stock price rose exponentially.

The Class Period commences on March 27, 2020, when CytoDyn issued a press release regarding Leronlimab’s use in treating COVID-19 patients entitled “Leronlimab Used in Seven Patients with Severe COVID-19 Demonstrated Promise with Two Intubated Patients in ICU, Removed from ICU and Extubated with Reduced Pulmonary Inflammation.”  Throughout the Class Period, CytoDyn continued to tout Leronlimab as a potential treatment for COVID-19 and to pump up the stock price of CytoDyn while executives aggressively sold shares.  Indeed, while CytoDyn’s stock price was sufficiently pumped with the COVID-19 cure hype, long-term shareholders, including defendants Nader Z. Pourhassan, CytoDyn’s Chief Executive Officer, and Michael Mulholland, CytoDyn’s Chief Financial Officer, dumped millions of shares.

Following the cash-out by CytoDyn insiders and long-term shareholders, the defendants’ scheme began to unravel.  On Friday, March 5, 2021 after the close of trading, and continuing over that weekend, CytoDyn issued press releases describing the results of the Phase IIb/III data on Leronlimab. The press releases had titles such as “Cytodyn to File Accelerated Rolling Review with MHRA and Interim Order (IO) with Health Canada for COVID-19” and “Cytodyn’s Phase 3 Trial Demonstrates Safety, a 24% Reduction in Mortality and Faster Hospital Discharge for Mechanically Ventilated Critically Ill COVID-19 Patients Treated with Leronlimab.”  However, hidden in the press releases was a disclosure that the primary endpoint of the study—lowering all-cause mortality at Day 28— was not statistically significant. Following the issuance of its press releases, CytoDyn was accused of “massaging the data” and squeezing good news out of a failed study, the results of which CytoDyn reportedly sat on pending regulatory discussions.  

Followed the release of the data, the price of CytoDyn’s common stock fell over 28% to close at $2.91 on March 8, 2021. On March 9, 2021, the price of CytoDyn’s common stock continued to fall, dropping an additional 19% to close at $2.35.

The complaint alleges that, throughout the Class Period, the defendants made false and/or misleading statements and/or failed to disclose that CytoDyn’s development and marketing of Leronlimab as a treatment for COVID-19 was not commercially viable.

If you are a member of the class described above, you may no later than May 17, 2021 move the Court to serve as lead plaintiff of the class, if you so choose.


A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member’s claim is typical of the claims of other class members, and that the class member will adequately represent the class. Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. Filling out the online form above or communicating with any counsel is not necessary to participate or share in any recovery achieved in this case.  Any member of the purported class may move the court to serve as a lead plaintiff through counsel of his/her choice, or may choose to do nothing and remain an inactive class member.

If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Kessler Topaz Meltzer & Check, LLP:  James Maro, Esq. (484) 270-1453 or Adrienne Bell, Esq. (484) 270-1435; toll-free at (844) 887-9500; or via e-mail at info@ktmc.com.  If you would like additional information about the suit, please click on the link "Submit Your Information" above and fill out the form as promptly as possible.

Please complete this form relating to your transactions for CytoDyn Inc. (OTCMKTS: CYDY) common stock between March 27, 2020, and March 9, 2021, inclusive (the “Class Period”).

You may also contact James Maro, Jr., Esq. or Adrienne Bell, Esq. at 610.667.7706 or toll free at 844.887.9500, or you may submit your information via email at info@ktmc.com, or you may click here to print a PDF of this form.

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# of Shares
Price per Share
 
 
 
Principal Amount
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Series or CUSIP
 
 
 
# of Contracts
Price per Contract
Exercise Price
Expiration Date
Did you purchase shares of CytoDyn Inc. prior to the Class Period?
Are you a current or former employee of CytoDyn Inc.?
The submission of this form does not create an attorney-client relationship, nor an obligation on the part of Kessler Topaz or you to file a lead plaintiff motion in this matter. Any information you submit will be maintained as confidential. If Kessler Topaz, in its sole discretion, believes that you might be an appropriate lead plaintiff candidate, Kessler Topaz will contact you to discuss the matter and whether to establish an attorney client relationship. By signing this form you are authorizing us to contact you regarding this case and/or future cases.
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