If you suffered losses exceeding $25,000 investing in Assertio stock or options between March 9, 2023 and November 8, 2023 and would like to discuss your legal rights, call Faruqi & Faruqi partner Josh Wilson directly at 877-247-4292 or 212-983-9330 (Ext. 1310). You may also click here for additional information: www.faruqilaw.com/ASRT.
There is no cost or obligation to you.
NEW YORK, Feb. 16, 2024 /PRNewswire/ — Faruqi & Faruqi, LLP, a leading national securities law firm, is investigating potential claims against Assertio Holdings, Inc. (“Assertio” or the “Company”) (NASDAQ: ASRT) and reminds investors of the March 5, 2024 deadline to seek the role of lead plaintiff in a federal securities class action that has been filed against the Company.
Faruqi & Faruqi is a leading minority and Woman-owned national securities law firm with offices in New York, Pennsylvania, California and Georgia.
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As detailed below, the complaint alleges that the Company and its executives violated federal securities laws by making false and/or misleading statements and/or failing to disclose that: (1) the Company’s reliance on Indocin products to boost its net income was unsustainable given the risk of generic competition; (2) the Spectrum Acquisition was less valuable than Assertio had represented to investors; (3) accordingly, Assertio had overstated the positive impact the sale of Indocin products and the Spectrum Acquisition were likely to have on the Company’s profitability; and (4) as a result, Defendants’ public statements were materially false and/or misleading at all relevant times.
In July 2023, Assertio acquired Spectrum Pharmaceuticals, Inc. (“Spectrum”), a biopharmaceutical company focused on novel and targeted oncology, along with Spectrum’s injection asset Rolvedon (the “Spectrum Acquisition”). In a press release announcing the closing of the acquisition, Assertio’s Chief Executive Officer (“CEO”) Defendant Dan Peisert (“Peisert”) was quoted as stating, in relevant part, “[w]e look forward to building on the successful early results in the [Rolvedon] Injection launch for the remainder of 2023, driving the business toward [its] goal of accretive contribution to our Adjusted EPS and operating cash flow in 2024.”
On August 3, 2023, Zydus Lifesciences Limited (“Zydus”), a generic pharmaceutical company, received approval from the U.S. Food and Drug Administration (“FDA”) to manufacture and market 50mg indomethacin suppositories, the generic version of the Company’s Indocin Suppositories. Specifically, the FDA granted Zydus 180-day Competitive Generic Therapies exclusivity to market the product. Following the FDA’s decision, Assertio withdrew its 2023 financial outlook previously issued in May 2023.
On this news, Assertio’s stock price fell $2.44 per share, or 45.6%, to close at $2.91 per share on August 4, 2023
Then, on November 8, 2023, Assertio issued a press release announcing its financial results for its third quarter (“Q3”) of 2023. Among other results, Assertio reported Q3 non-GAAP earnings-per-share of $0.01, missing consensus estimates by $0.09, and revenue of $35.63 million, missing consensus estimates by $14.8 million. Defendant Peisert called the Company’s Q3 2023 results “disappointing,” noting that “the loss of Indocin exclusivity and Rolvedon results below expectations [drove] significant charges to our net income” and that the Company was “learning” that “certain aspects” of its July 31, 2023 acquisition of Spectrum Pharmaceuticals Inc. “may not be everything we initially expected.”
On this news, Assertio’s stock price fell $0.92 per share, or 43.19%, to close at $1.21 per share on November 9, 2023.
On, January 3, 2024, Assertio issued a press release announcing that Defendant Peisert was stepping down from his role as the Company’s CEO.
On this news, Assertio’s stock price fell $0.12 per share, or 10.96%, to close at $1.01 per share on January 4, 2024.
The court-appointed lead plaintiff is the investor with the largest financial interest in the relief sought by the class who is adequate and typical of class members who directs and oversees the litigation on behalf of the putative class. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member. Your ability to share in any recovery is not affected by the decision to serve as a lead plaintiff or not.
Faruqi & Faruqi, LLP also encourages anyone with information regarding Assertio’s conduct to contact the firm, including whistleblowers, former employees, shareholders and others.
Attorney Advertising. The law firm responsible for this advertisement is Faruqi & Faruqi, LLP (www.faruqilaw.com). Prior results do not guarantee or predict a similar outcome with respect to any future matter. We welcome the opportunity to discuss your particular case. All communications will be treated in a confidential manner.
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