Litigation Update - Knightscope Authorized to Serve Notice of Action Against Capybara Research by Public Disclosure and Press Release Pursuant to Court Order
01 März 2024 - 12:30PM
Business Wire
On December 20, 2023, Knightscope, Inc. [Nasdaq: KSCP]
(“Knightscope” or the “Company”) filed a federal lawsuit in the
United States District Court for the Southern District of New York,
Knightscope, Inc. v. Capybara Research et. al., Case No.
1:23-cv-11050-DLC (the “Action”) against Capybara Research, Igor
Appelboom (“Appelboom,” and together with Capybara Research, the
“Capybara Defendants”), and Accretive Capital LLC d/b/a Benzinga.
Capybara Research is a short selling research firm that writes and
publishes what the Company believes are malicious and defamatory
articles – known as “short seller reports” – devised to negatively
impact the share prices of publicly traded companies in which
Capybara Research and its owner, Appelboom, hold a short
position.
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Litigation Update - Knightscope
Authorized to Serve Notice of Action Against Capybara Research by
Public Disclosure and Press Release Pursuant to Court Order
(Graphic: Business Wire)
The Action alleges that the Capybara Defendants take short
positions in publicly traded companies and release fraudulent,
disparaging reports in order to drive the company’s stock price
down for their own financial benefit. In July and August of 2023,
the Capybara Defendants posted to X (f/k/a Twitter) links to two
alleged defamatory “short reports” (hereinafter, the “Capybara
Reports”) on Capybara Research’s website disparaging the Company
for the purpose of driving down the Company’s share price. Indeed,
Capybara Research admits in the Capybara Reports that it “hold[s] a
short position in shares of $KSCP....” As alleged in the Action,
the Company believes that the Capybara Reports are a direct cause
of the subsequent drop in market price of KSCP stock.
On January 25, 2024, the Company, through its counsel at The
Basile Law Firm P.C., filed an ex parte motion for alternative
service pursuant to Fed. R. Civ. P. 4(f)(3). On January 29, 2024,
The Honorable Denise L. Cote granted the Company’s motion, in part,
authorizing the Company to serve defendant Capybara Research notice
of the Action through this press release and Form 8-K filed on the
Securities and Exchange Commission’s EDGAR database.
Pursuant to the Order of The Honorable Denise L. Cote in the
United States District Court for the Southern District of New York,
entered on January 29, 2024 (ECF 29), in the matter of Knightscope,
Inc. v. Capybara Research et. al., Case No. 1:23-cv-11050-DLC, this
press release, the Current Report on Form 8-K filed on March 1,
2024, and the exhibits thereto containing the Summons, Complaint,
and the Court Order, hereby provide the constitutional requirement
of actual notice of the Action to Defendant Capybara Research in
accordance with Rule 4(f)(3) of the Federal Rules of Civil
Procedure.
About Knightscope
Knightscope builds cutting-edge technologies to improve public
safety, and our long-term ambition is to make the United States of
America the safest country in the world. Learn more about us and
book a discovery call or demonstration today at
www.knightscope.com/discover
Forward-Looking Statements
This press release may contain “forward-looking statements”
about Knightscope’s future expectations, plans, outlook,
projections and prospects. Such forward-looking statements can be
identified by the use of words such as “should,” “may,” “intends,”
“anticipates,” “believes,” “estimates,” “projects,” “forecasts,”
“expects,” “plans,” “proposes” and similar expressions.
Forward-looking statements contained in this press release and
other communications include, but are not limited to, statements
about the Company’s goals, profitability, growth, prospects, and
the Company’s intention to litigate the allegations in the Action,
including that the Capybara Defendants have made fraudulent,
disparaging reports in order to drive the Company’s stock price
down for their own financial benefit, and the ultimate outcome of
such litigation. Although Knightscope believes that the
expectations reflected in these forward-looking statements are
based on reasonable assumptions, there are a number of risks,
uncertainties and other important factors that could cause actual
results to differ materially from such forward-looking statements.
These risks and uncertainties include, among other things, the
Company’s ability to successfully litigate its allegations. Readers
are urged to carefully review and consider any cautionary
statements and other disclosures, including the statements made
under the heading “Risk Factors” in Knightscope’s Annual Report on
Form 10-K for the year ended December 31, 2022. Forward-looking
statements speak only as of the date of the document in which they
are contained, and Knightscope does not undertake any duty to
update any forward-looking statements, except as may be required by
law.
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version on businesswire.com: https://www.businesswire.com/news/home/20240229740998/en/
Public Relations: Stacy Stephens Knightscope,
Inc. (650) 924-1025
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