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Case Status:    SETTLED
On or around 01/25/2023 (Date of order of final judgment)

Filing Date: August 24, 2020

According to the Complaint, Vaxart, Inc. is a clinical-stage company purportedly engaged in the discovery and development of vaccines for a variety of diseases that would be administered orally, rather than by injection.

The Complaint arises from Defendants’ alleged fraudulent scheme to profit from artificially inflating the Company’s stock price by announcing false and misleading information concerning Vaxart’s oral COVID-19 vaccine candidate. Specifically, the Complaint alleges that on June 26, 2020, Vaxart issued a press release entitled, “Vaxart’s COVID-19 Vaccine Selected for the U.S. Government’s Operation Warp Speed,” falsely claiming its vaccine had been selected to participate in a non-human challenge study, organized and funded by OWS.

The Complaint alleges that on July 25, 2020, details emerged revealing Defendants’ deception concerning their alleged pump and dump scheme. In particular, on July 25, 2020, The New York Times published an article entitled, “Corporate Insiders Pocket $1 Billion in Rush for Coronavirus Vaccine,” covering suspiciously timed stock bets that had generated significant profits for senior executives and board members at companies developing vaccines and treatments. Vaxart was featured prominently in the article, and it clarified “Vaxart is not among the companies selected to receive significant financial support from Warp Speed.” The Complaint alleges that in ignorance of the adverse facts concerning Vaxart’s business and financial condition which were concealed by Defendants, Plaintiff and the other members of the Class purchased or otherwise acquired Vaxart securities at artificially inflated prices and relied upon the price of the securities, the integrity of the market for the securities and/or upon statements disseminated by Defendants, and were damaged thereby.

On December 9, 2020, the Court issued an Order consolidating cases and appointing Lead Plaintiffs and Counsel. All future docketing was ordered to be done in the lead case 20-CV-05949.

Lead Plaintiffs filed a consolidated amended Complaint on January 29, 2021. Defendants filed a Motion to Dismiss the consolidated amended Complaint on March 12. On May 13, the Court granted Plaintiffs leave to amend the Complaint.

Plaintiffs filed an amended consolidated Complaint on June 10, 2021. On August 9, Plaintiffs corrected the amended consolidated Complaint. Defendants filed a Motion to Dismiss the amended consolidated Complaint on July 8. On December 22, the Court issued an Order granting in part and denying in part Defendants' Motion to Dismiss.

The parties entered into a Stipulation and Agreement of Settlement on July 27, 2022. The Court granted preliminary approval of the Settlement on October 3.

On November 14, 2022, Plaintiffs filed a second amended consolidated Complaint. Plaintiffs corrected the second amended consolidated Complaint on December 9.

On January 25, 2023, the Court granted final approval of the Settlement, including an award of Attorneys’ Fees and Expenses, and entered Final Judgment.

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