Stock Options • Expiration • Breach of Fiduciary Duty • Judicial Notice
Gewirtz v. Opko Health, Inc., PICS Case No. 17-0262 (E.D. Pa. Feb. 2, 2017) Rufe, J. (10 pages).
Plaintiffs breach of fiduciary duty claim for failure to honor stock options they inherited failed because they did not explain any breach of duty to current stockholders but their claims to enforce their alleged contractual rights to exercise the stock options survived defendants’ motion to dismiss because SEC form S-8 could not be considered for the truth of its content on a motion to dismiss. Motion to dismiss granted in part and denied in part and leave to file an amended complaint granted.
