05/27/25 | Case Update
The court granted class certification in the remaining case against the non-settling Armistice defendants. The certified class consists of investors who purchased Vaxart common stock, bought Vaxart call options, or sold Vaxart put options from June 25, 2020, through July 24, 2020, inclusive, and were damaged thereby, including investors who recovered under the 2024 partial settlement in this case with Vaxart.

What are your options? (1) You can either stay in the class action against Armistice OR (2) you can ask to be excluded.  To opt out of the class, you must submit an exclusion request by July 25, 2025.

To learn more about these options or file an exclusion request, please visit VaxartSecuritiesLitigation.com.

Case Status
Active
Motion to Dismiss Denied (In Full or in Part)
Class Certified
Case Caption
In re Vaxart, Inc. Sec. Litig.
Position
Co-Class Counsel
Practice Areas
Court
U.S. Court for the Northern District of California
Judge Assigned
Hon. Vince Chhabria
Case Number
3:20-cv-05949-VC
Defendant(S)
Armistice Capital, LLC
Armistice Capital Master Fund Ltd.
Steven J. Boyd
Keith Maher, M.D.
Settlement reached with Vaxart and its Directors
Exchange
NASDAQ
Stock Symbol
VXRT
File Date
Class Period
-
Lead Plaintiff Deadline
Phone

CLASS OPT OUT DEADLINE: 07/25/2025

Related Documents

This is a securities fraud class action brought on behalf investors who purchased Vaxart, Inc. (“Vaxart” or the “Company”) securities between June 15, 2020 and August 19, 2020, inclusive (the “Class Period”). The action alleges claims under the federal securities laws against Vaxart, a clinical-stage vaccine developer, its senior executives, Board members, and controlling shareholder Armistice.

Commenced by Hagens Berman on August 24, 2020 after conducting an extensive investigation, the case 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. This announcement sent the price of Vaxart shares rocketing higher.

As alleged, Defendants’ scheme included four components: (i) appointing Andrei Floroiu—a former Armistice employee and plaything of Armistice with no prior experience developing a vaccine—as a first-time CEO to carry out an aggressive public relations campaign; (ii) changing Vaxart’s insider trading blackout window with the specific purpose of letting Armistice capitalize on speculation about OWS; (iii) pushing Vaxart to release news suggesting Vaxart had been selected as a finalist for OWS; (iv) all before liquidating nearly all their remaining Vaxart holdings for over $250 million in pure profit.

The relevant truth leaked out in the face of intense scrutiny from investors, analysts, and the media into Vaxart’s self-proclaimed selection for OWS. the lack of any confirmation from official government sources, Vaxart’s decision to ignore media inquiries in the days following the allegedly false and misleading press releases, subsequent reports about U.S. government support for other COVID-19 vaccines, and Armistice’s stock sales. These events contributed to increased skepticism about the misleading impression that Vaxart stood at the precipice of pioneering a successful coronavirus vaccine that had been selected as an OWS finalist and would soon manufacture a billion or more doses.

Then, 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.” In response to this news, the price of Vaxart shares dropped sharply, injuring investors.

CASE TIMELINE

Trial Date
Plaintiffs’ Opposition to Armistice Defendants’ Motion for Summary Judgment

Plaintiffs' Post-Evidentiary Hearing Brief in Further Support of Motion for Spoliation Sanctions
Granted Class Certification
Evidentiary Hearing on Defendants’ Spoliation of Evidence
Renewed Motion for Class Certification Filed
Court Grants Order Approving Settlement Distribution to Authorized Claimants and Granting Related Relief
Case Update

Hagens Berman secured a partial settlement with certain Defendants totaling $12,015,000 million. The settlement provides significant relief to purchasers of the securities of Vaxart, Inc. from June 15, 2020 through August 19, 2020, both dates inclusive. For more details on the settlement, visit VaxartSecuritiesLitigation.com. The Court approved distribution of settlement funds on June 27, 2024.

Claims are currently being pursued against non-settling Defendants.

Plaintiffs' Notice of Motion and Motion for Spoliation Sanctions

Motion for Class Certification Filed
Corrected Second Amended Consolidated Class Action Complaint is Filed
Armistice Defendants' Motion to Dismiss Granted in Part and Denied in Part
Reply in Support of Motion for Final Approval of Proposed Partial Class Action Settlement is filed

Motion for Final Approval of Proposed Partial Class Action Settlement is filed
Second Amended Consolidated Class Action Complaint is Filed
Court Approves Plaintiffs' Motion for Preliminary Approval of Partial Class Action Settlement
Motion for Preliminary Approval of Settlement is filed

Hagens Berman filed a motion for preliminary approval of settlement for claims against defendant Vaxart and its current and former officers in their Vaxart capacities.

Court Sustains the First Amended Complaint against Vaxart and its Executives

The Court issues an order on the Motion to Dismiss, sustaining claims against Vaxart, its current officers, and its former officers.  The Court stated the complaint "makes a strong case that Vaxart and its officers intended to mislead the investing public."  

First Amended Complaint is filed

Hagens Berman filed a robust First Amended Complaint, providing additional allegations of Defendants' fraud.

Court Grants Plaintiffs Leave to Amend

The Court grants Plaintiff's motion for leave to amend the complaint to allege new and additional facts concerning Defendants' fraud.

Consolidated Amended Complaint is filed

Hagens Berman filed the Consolidated Amended Complaint against Vaxart on January 29, 20213

Hagens Berman is appointed Lead Counsel

On December 3, 2020, U.S. District Judge Vince Chhabria appointed Hagens Berman as Lead Counsel in the case against Vaxart concerning the Company allegedly announcing false and misleading information concerning their oral COVID-19 vaccine candidate.

Hagens Berman Files Initial Complaint

After conducting an extensive investigation, Hagens Berman files the initial complaint against Vaxart.

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