X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER This is a putative class action filed by plaintiff Eugene Shapiro against defendants TG Therapeutics, Inc. (“TG Therapeutics”), a biotechnology firm, and two of its officers, Michael Weiss and Sean Power, on behalf of similarly-situated investors in TG Therapeutics. The Complaint alleges that the defendants made false and misleading statements relating to the development of two new drugs, Ublituximab and Umbralisib. Two investors in TG Therapeutics, Frank Lupacchino and Boston Retirement System (“BRS”), moved to be appointed as lead plaintiff pursuant to 15 U.S.C. §78u-4(a) (1).1 After full briefing, the Court held an evidentiary hearing in which, inter alia, it posed questions both to Mr. Lupacchino and to Natacha Thomas, the BRS General Counsel, who is to have oversight responsibility if BRS is selected as lead plaintiff. See Conference of Sept. 30, 2021, Tr. 3:12-15. Thereafter, in an Order dated October 10, 2022, the Court granted BRS’s motion and denied Mr. Lupacchino’s, thereby appointing BRS as lead plaintiff and approving its choice of lead counsel, Labaton Sucharow LLP (“Labaton Sucharow”). See ECF No. 41. That Order stated that an opinion would follow explaining the reasons for the Court’s rulings. See id. Here is that Opinion. I. Plaintiffs’ Allegations TG Therapeutics is a biopharmaceutical company. Its products include Ublituximab and Umbralisib, which are both candidate treatments for B-cell malignancies and autoimmune diseases such as lymphoma. Compl., ECF No. 1, at 2. Between January 2020 and September 2021, TG Therapeutics submitted Ublituximab and Umbralisib to the Food and Drug Administration (“FDA”) for approval. Id. at

2-6. During this period, the Complaint alleges, the defendants caused investors to have an overly optimistic expectation of FDA approval. Id. at 7. The truth came out, to some extent, on November 30, 2021. Id. at 8. On that day, TG Therapeutics issued a press release stating that the FDA planned to host a meeting at which it would ask searching questions about Ublituximab and Umbralisib. The market took this as a bad sign. Id. On the news, TG Therapeutics’ stock price fell $8.16 per share, or 34.93 percent, to close at $15.20 per share on November 30, 2021. Id. at 9. The prospects for Ublituximab and Umbralisib did not improve. On April 15, 2022, TG Therapeutics issued a press release stating that it had voluntarily withdrawn its applications for using the combination of Ublituximab and Umbralisib to treat chronic lymphocyte lymphoma and small lymphocyte lymphoma. Id. at 10. On that news, TG Therapeutics’ stock price fell $1.93 per share, or 21.81 percent, to close at $6.92 per share on April 18, 2022. Id. at 11. About one-and-a-half months later, on May 31, 2022, TG Therapeutics announced that the FDA had extended the Prescription Drug User Fee Act date for Ublituximab to December 28, 2022 “to allow time to review a submission provided by the Company in response to an FDA information request, which the FDA deemed a major amendment,” an announcement which caused the price of TG Therapeutics stock to fall $0.75 per share, or 14.51 percent, to close at $4.42 per share on May 31, 2022. Id. at

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›