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Fischkoff v. Iovance Biotherapeutics Inc.

SEC Forms Not Alleged Part of 'Quasi-Judicial Process'; Foundation for Privilege Lacking

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Steven Fischkoff, Plaintiffv.Iovance Biotherapeutics, Inc. and Maria Fardis, Defendants

OPINION & ORDER Steven Fischkoff brought this suit against Iovance Biotherapeutics, Inc. and Maria Fardis (collectively “Iovance”) alleging that Iovance beached a contractual employment agreement, failed to pay him wages, and retaliated against him. Fischkoff now moves to amend his complaint to include a claim of defamation.¹ For the reasons stated below, Fischkoff’s motion is granted. I. FACTUAL ALLEGATIONSBecause the resolution of Fischkoff’s motion turns on whether his proposed defamation claim states a claim for relief, we accept “all factual allegations [in his proposed complaint] as true and draw[] all reasonable inferences in favor of the plaintiff.” Empire Merchants, LLC v. Reliable Churchill LLLP, 902 F.3d 132, 139 (2d Cir. 2018) (quotation marks omitted). We also consider all “documents attached to the complaint as exhibits, and documents incorporated by reference in the complaint.” DiFolco v. MSNBC Cable L.L.C., 622 F.3d 104, 111 (2d Cir. 2010).This dispute involves Steven Fischkoff, a New Jersey resident and a medical doctor for over 40 years, and Iovance, a publically traded cancer immunotherapy development company with offices in New York. Proposed Second Amended Complaint (annexed as Ex. 1 to Klein Aff.) (“SAC”)

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