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Bragar Eagel & Squire, P.C. Reminds Investors That Class Action Lawsuits Have Been Filed Against Caribou, Inspirato, Kornit, and Alico and Encourages Investors to Contact the Firm – Alico (NASDAQ:ALCO), Caribou Biosciences (NASDAQ:CRBU)

NEW YORK, Feb. 24, 2023 (GLOBE NEWSWIRE) — Bragar Eagel & Squire, P.C., a nationally recognized shareholder rights law firm, reminds investors that class actions have been commenced on behalf of stockholders of Caribou Biosciences, Inc. CRBU, Inspirato Incorporated ISPOKornit Digital Ltd. KRNTAlico, Inc. ALCO. Stockholders can petition the court to be the lead plaintiff by the deadlines set forth below. The link below provides additional information on each case.

Caribou Biosciences, Inc. CRBU

Class Period: Pursuant/or traceable at the November 20, 2021 IPO; Pursuant/or traceable at the March 18, 2020 SPO; November 20, 2021 – September 19, 2022

Deadline for Lead Plaintiff: April 11, 2023

Caribou, a biopharmaceutical company in clinical stage, focuses on the development of allogeneic gene-edited cell therapies to treat solid tumors and hematologic malignancies in the U.S. CB-010, an anti-CD19 CAR–T therapy1 is being developed by the Company. This is a Phase 1 clinical study, also known as “ANTLER”, and is used to treat relapsed/refractory B cells non-Hodgkin lymphoma (r/r B–NHL).

According to Defendants, CB-010 is the first clinical-stage allogeneic anti-CD19 CAR-T cell therapy with programmed cell death protein 1 (“PD-1”) removed from the CAR-T cell surface by a genome-edited knockout of the PDCD1 gene, which purportedly sets CB-010 apart from other allogeneic CAR-T cells by, inter alia, improving the “persistence” of antitumor activity.

Caribou submitted a registration statement on Form S-1 to the SEC, on July 1, 2021. This was in connection with the IPO. It was later amended several times and declared effective by SEC on the 22nd of July 2021 (the “Registration Declaration”).

Caribou’s stock started trading publicly on the NasdaqGlobal Select Market (“NASDAQ”) as a result of the Registration Statement. The ticker symbol was “CRBU” and it was listed under the ticker number “CRBU” on July 23, 2021. The same day, Caribou filed a prospectus, Form 424B4 to the SEC, in connection with the IPO. This prospectus was incorporated into and made part of the Registration Statement (the Prospectus and, together with the Registration Statement the “Offering Documents”)

Caribou issued 19,000,000 shares of common stock pursuant to the Offering documents for proceeds of $282.72million to the Company before expenses and any applicable underwriting discounts.

The Offering Documents were improperly prepared. They contained false statements of material truth or omitted facts that would make them not misleading. Additionally, they were not prepared according the rules and regulations. Defendants made materially misleading statements about the Company’s prospects and business operations throughout the Class Period. The Offering Documents and the Defendants made misleading statements about the Company’s business, operations, and prospects.

Caribou published a press statement on June 10, 2022.[p]ositive” data from the ANTLER Phase 1 clinical trial. Caribou reported, among other things, that “…”[a]t 6 months following the single dose of CB-010, [only] 40% of patients remained at CR [complete response] (2 of 5 patients) as of the May 13, 2022 data cutoff date”, prompting investor concern over the durability of the CB-010 treatment.

This news caused Caribou’s stock to fall $1.78 per share (or 20.41%) to close at $6.94 on June 10, 2022.

Caribou then issued a press release on December 12, 2022.[ing] New 12-month clinical data from cohort 1 of the ongoing ANTLER Phase 1 trial. [purportedly] Show[ed] CB-010 infusion at initial dose 1 (40×106 CAR–T cell cells) has long-term durability. Caribou stated that “3 out of 6 patients retained a durable CCR at 6 month scan” and “2 out of 6 maintain a long term CR at 12 month scan and remain on trial”, thus confirming investor fears about the CB-010 treatment’s lack of durability.

Caribou stock closed at $8.16 per shares on December 12, 2022, after falling by $0.81 per unit (9.03%).

Caribou common stock continues trading below the $16.00 share Offering price as of the filing of this Complaint. This is a negative for investors.

As a result of Defendants’ wrongful acts and omissions, and the precipitous decline in the market value of Caribou’s securities, Plaintiff and other Class members have suffered significant losses and damages.

For more information on the Caribou class action go to: https://bespc.com/cases/CRBU

Inspirato Incorporated ISPO

Class Period: December 15, 2022 – May 11, 2022

Deadline for Lead Plaintiffs: April 17, 2023

According to the Complaint the Company made misleading statements to market. Inspirato’s financial statements, including those for the quarters ended March 31, 2022 and Juni 30, 2022 (collectively the “Non Reliance Periods”), cannot be relied on. The incorrectly applied Accounting Standards Update No. 2016-02-02, Leases (Topic 842″) (“ASC 842), which resulted in the non-reliability of Non-Reliance Periods. These facts show that the Company’s public statements during the class period were false, misleading and misleading. Investors suffered losses when Inspirato was exposed to the public.

For more information on the Inspirato class action go to: https://bespc.com/cases/ISPO

Kornit Digital Ltd. KRNT

Class Period: February 17, 2021 to July 5, 2022

Deadline for Lead Plaintiffs: April 17, 2023

Kornit develops and manufactures digital printing technology for the apparel, textile, and garment industries. The digital inkjet printers of the Company allow end-users print directly-to-garment (“DTG”) as well as direct-tofabric (“DTF”) DTG printing allows designs and images to be printed directly on finished textiles, such as apparel and clothing. In DTF printing, large rolls of fabric pass through wide inkjet printers that print images and designs directly onto swaths of fabric that are then cut and sewn into a product, and can be used in the fashion and home décor industries. Kornit also manufactures and sells textile dyes and other supplies for its digital printers. Kornit offers customer support contracts that provide technical support and equipment services to its printers.

The Company began offering software services during the Class Period. This included a suite end-to-end fulfillment solutions and production solutions called KornitX. Through KornitX, the Company offers, among others, automated production systems, workflow, and inventory management.

Amazon.com, Inc. (“Amazon”) is the largest customer of Kornit. Other customers of Kornit during the Class Period included Delta Apparel, Inc. (“Delta Apparel”), which is a major provider of activewear, lifestyle apparel, and Fanatics, Inc. (“Fanatics”), which is a global digital platform that provides licensed merchandise and a leader in licensing. Kornit’s ten largest customers account for more than 60% of its revenue. Accordingly, it was critically important for Kornit to maintain those major customers as well as continue to grow its customer base in order to achieve the Company’s ambitious goal of “becoming a $1 billion revenue company in 2026.”

Kornit repeatedly emphasized the competitive advantages it claimed its technology provided and assured investors that there was virtually no competition in the “direct to-garment” printing market. Kornit claimed that customers were very interested in its digital printing systems. It also offered consumable products such as textile dyes. Kornit also offered services to assist them with managing their digital printers. Kornit also assured investors that there was strong demand for its products and services, which would allow it to retain its existing customers and attract new ones. This would reduce the risk associated with a large portion of the Company’s revenues being concentrated in a few large customers.

These and other statements were made throughout the Class Period, but they were false. Kornit and its senior executives did not know, or at least recklessly disregard, the fact that the Company’s digital printer business was plagued in quality control and customer service issues. These issues and deficiencies caused Kornit’s market share to be ceded to competitors. This in turn led to a decrease of revenue for the Company, as customers moved elsewhere to get their digital printing needs met. These misrepresentations led to Kornit’s ordinary shares trading at artificially high prices during the Class Period.

Investors began to learn the truth on March 28, 2022, when Delta Apparel and Fanatics—two of Kornit’s major customers—announced that for months they had collaborated with one of Kornit’s principal competitors to develop a new digital printing technology that directly competed with products and services Kornit offered. Delta Apparel stated that the new technology was already in place in four of its digital printing facilities, and plans to continue expanding. The utilization of this new, competing technology by Delta Apparel and Fanatics reflected the widespread dissatisfaction of Kornit’s major customers with the Company’s product quality and customer service, and meant that Kornit would likely lose revenue from two of its most important customers.

Kornit reported a net profit of $5.1 million for the year prior to reporting revenue that was higher than expected. The revenue guidance issued by the Company for the second quarter 2022 was also significantly lower than analysts’ expectations. Kornit blamed the Company’s disappointing guidance on a slowdown of orders from its customers in the ecommerce segment. Additionally, Kornit admitted that for at most the past two quarters, Kornit knew Delta Apparel, one of its largest customers had acquired digital printing equipment from a Kornit competitor. The disclosures led to a drop in the price of Kornit ordinary stock shares of $18.78 per share or 33.3%.

Kornit then announced that it would report a significant revenue shortfall for the second quarter 2022 on July 5, 2022 after the market had closed. Kornit forecasted that revenue for the second quarter would be between $56.4 million and $59.4 millions. This is far below the $85 million to $95 million revenue guidance the Company gave less than two months ago, in May 2022. Kornit explained that there was a significant drop in revenue due to “a slower pace of direct to-garment (DTG), systems orders in quarter 2 than we had anticipated.” The price of Kornit ordinary shares fell by $8.10 per shared, or 25.7%, as a result.

As a result of Defendants’ wrongful acts and omissions, and the precipitous decline in the market value of the Company’s shares, Plaintiff and other Class members have suffered significant losses and damages.

For more information on the Kornit class action go to: https://bespc.com/cases/KRNT

Alico, Inc. ALCO

Class Period: December 13, 2022 – February 4, 2021

Deadline for Lead Plaintiffs: April 18, 2023

Alico and its subsidiaries operate in the U.S. as an agribusiness- and land management company. The Company operates in two segments. Alico Citrus is a segment that cultivates citrus trees for fresh and processed citrus markets. The Land Management and Other Operations Segment owns and operates land in Collier and Glades Counties. They also lease land for recreational and grazing purposes as well as conservation and mining activities.

Throughout the Class Period, Defendants made materially false and misleading statements regarding the Company’s business, operations, and compliance policies. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) Alico had deficient disclosure controls and procedures and internal control over financial reporting; (ii) as a result, the Company had improperly calculated Alico’s deferred tax liabilities over a multi-year period; (iii) accordingly, the Company would likely be required to restate one or more of its previously issued financial statements; (iv) the foregoing would impede the timely completion of the audit of the Company’s financial results in advance of its year-end earnings call; and (v) as a result, the Company’s public statements were materially false and misleading at all relevant times.

Alico announced that its year-end earnings call would be delayed on December 6, 2022 in a press release. In particular, Alico stated in the press release that it required additional time for its independent registered public accounting firm to audit its financial results for the September 30th period.

Alico’s stock price dropped by $3.06 per shares, or 10.42% to close at $26.29 on December 6, 2022.

Alico released a press release on December 7, 2022 that provided an update on the Company’s delays in reporting fiscal 2022 results and filing the required SEC filings. In the press release, the Company disclosed that “[t]he key item that is requiring such additional time involves evaluation of the proper amount of the Company’s Deferred Tax Liability, particularly certain portions of that Deferred Tax Liability arising in prior fiscal years, including those going back to fiscal year 2019 or possibly several years before fiscal year 2019.”

Alico submitted to the SEC, on December 13th 2022, its Annual Report of Form 10-K for 2022. This is the “2022 10-K”. Alico “restates” its position in the 2022-10K.[d] the Company’s previously issued audited consolidated balance sheet, audited consolidated statements of changes in equity and related disclosures as of September 30, 2021 included in the Company’s Annual Report on Form 10-K for the year ended September 30, 2021 (the ‘2021 10-K’) previously filed with the SEC and the Company’s previously issued unaudited consolidated balance sheet, unaudited consolidated statements of changes in equity and related disclosures as of the end of each quarterly periods ended June 30, 2022, March 31, 2022, December 31, 2021, June 30, 2021, March 31, 2021 and December 31, 2020 included in the Company’s respective Quarterly Report on Form 10-Q for each of the quarters then ended previously filed with the SEC (together with the 2021 10-K, the ‘Financial Statements’).” The Company also stated that the following:[o]n December 12, 2022, the audit committee (the ‘Audit Committee’) of the board of directors of the Company concluded that the Company’s previously issued Financial Statements can no longer be relied upon due to an error identified during the completion of the 2022 10-K.” Specifically, Alico stated that “[t]he error that led to the Audit Committee’s conclusion relates to the calculation of the deferred tax liabilities for the fiscal years 2015 through 2019, which resulted in a cumulative reduction in the Company’s deferred tax liability, and a corresponding cumulative increase in retained earnings, of approximately $2,512,000 on the Company’s balance sheet as of September 30, 2022.”

Alico stock closed at $25.05 per Share on December 14, 2022, after falling by $2.64 per shares (9.53%).

As a result of Defendants’ wrongful acts and omissions, and the precipitous decline in the market value of the Company’s securities, Plaintiff and other Class members have suffered significant losses and damages.

For more information on the Alico class action go to: https://bespc.com/cases/ALCO

About Bragar Eagel & Squire, P.C.:

Bragar Eagel & Squire, P.C. The firm is nationally known and has offices in New York City, California, South Carolina. The firm represents investors, both individual and institutional, in complex commercial, securities, derivative, as well as other litigation in federal and state courts throughout the country. Please visit the firm’s website for additional information. www.bespc.com. Advertising attorney. Previous results are not a guarantee of similar outcomes.

Contact Information:

Bragar Eagel & Squire, P.C.
Brandon Walker, Esq.
Melissa Fortunato, Esq.
(212) 355-4648
[email protected]
www.bespc.com