Robbins Arroyo LLP: BioAmber Inc. (BIOA) Misled Shareholders According to a Recently Filed Class Action
Robbins Arroyo LLP announces that a class action complaint was filed against BioAmber Inc. (NYSE: BIOA) in the U.S. District Court for the Eastern District of New York. The complaint is brought on behalf of all purchasers of BioAmber securities pursuant to BioAmber’s secondary public offering on January 23, 2017 (the “Offering”) and/or publicly traded on the open market between January 23, 2017 and March 16, 2017, for alleged violations of the Securities Act of 1933 and the Securities Exchange Act of 1934 by BioAmber’s officers and directors. BioAmber, an industrial biotechnology company, produces and sells bio-succinic acid to various chemical market customers in the United States.
BioAmber Accused of Unjustifiably Touting Its Competitive Advantage
According to the complaint, on January 23, 2017, BioAmber held the Offering, selling approximately 2.1 million shares of its common stock at $4.75 per share, with expected gross proceeds of $10 million. On January 24, 2017, the company announced an increase of the offering to $17.5 million, and filed a Form 424B5 with the U.S. Securities and Exchange Commission containing its Prospectus Supplement (the “Prospectus”). The Prospectus stated that for the three months and year ended December 31, 2016, the company expected total revenues to be between $2.0 million and $2.2 million, and $9.6 million and $9.8 million, respectively, as compared to total revenues of $1.1 million and $2.2 million for the three months and year ended December 31, 2015. The complaint alleges that these statements were false and misleading because BioAmber officials failed to disclose that one of its large customers postponed a significant order to 2017.
On March 16, 2017, BioAmber announced disappointing financial results for the 2016 fiscal year, noting that its fourth quarter 2016 product sales of approximately $631,000 were below its previously disclosed fourth quarter expectations of $2.0 to $2.2 million. During an earnings conference call that same day, the company’s Chief Executive Officer, Fabrice Orecchioni, stated that the company “experienced a disruption from a large customer that was expected to purchase $2.8 million of succinic acid in Q4 2016, but due to a technical problem in its manufacturing facility postponed the order to 2017.” On this news, BioAmber’s stock fell $0.59 per share, or over 18%, to close at $2.55 per share on March 17, 2017.
BioAmber Shareholders Have Legal Options
Concerned shareholders who would like more information about their rights and potential remedies can contact attorney Darnell R. Donahue at (800) 350-6003, or you can complete the form below and we will contact you directly.