July 15, 2020 - An investor in shares of Bayer Aktiengesellschaft (OTC: BAYRY) filed a lawsuit in the U.S. District Court for the Northern District of California over alleged violations of Federal Securities Laws by Bayer Aktiengesellschaft in connection with certain allegedly false and misleading statements made between May 23, 2016, and March 19, 2019.

Bayer is a multinational pharmaceutical and life science company. On May 23, 2016, Bayer announced that it had made an unsolicited all-cash offer to acquire Monsanto Company, a U.S. based provider of agricultural chemicals and other products.

On June 7, 2018, Bayer completed its acquisition of Monsanto for $63 billion in cash (the Acquisition ).

On August 10, 2018, a California state court jury in the first Roundup cancer case to proceed to trial found unanimously that Roundup was a substantial factor in causing the plaintiff to develop non-Hodgkin's lymphoma and that Monsanto knew, or should have known, the risks associated with exposure to the chemical and failed to warn of this severe health hazard. The jury also found that Monsanto acted with malice or oppression and should be punished for its conduct. Accordingly, the jury ordered Monsanto to pay $39 million in compensatory damages and $250 million in punitive damages.

On October 22, 2018, although the court in that case reduced the award of punitive damages from $250 million to $39 million, the court otherwise denied Monsanto's motion for judgment notwithstanding the verdict and Monsanto's motion for a new trial, and upheld the jury's verdict that the plaintiff's exposure to Roundup was a substantial factor in causing his cancer.
Then, on March 19, 2019, a jury in the first federal Roundup cancer lawsuit to proceed to trial issued a verdict on causation in phase one of the bifurcated trial, finding that plaintiff's exposure to Roundup was a substantial factor in causing his non-Hodgkin's lymphoma.
On June 24, 2020, Bayer Aktiengesellschaft a series of agreements that will substantially resolve major outstanding Monsanto litigation, including U.S. Roundup™ product liability litigation, dicamba drift litigation and PCB water litigation. The main feature is the U.S. Roundup™ resolution that will bring closure to approximately 75% of the current Roundup™ litigation involving approximately 125,000 filed and unfiled claims overall. Bayer Aktiengesellschaft said it will make a payment of $8.8 billion to $9.6 billion to resolve the current Roundup™ litigation, including an allowance expected to cover unresolved claims, and $1.25 billion to support a separate class agreement to address potential future litigation.

According to the complaint the plaintiff alleges on behalf of purchasers of Bayer Aktiengesellschaft (OTC: BAYRY) common shares between May 23, 2016, and March 19, 2019, that the defendants violated Federal Securities Laws. More specifically, the plaintiff claims that between May 23, 2016, and March 19, 2019, the Defendants made false and misleading statements to investors, describing the Acquisition as a compelling transaction for shareholders that would create significant value by generating stronger growth, better profitability, and a more resilient business profile and will translate into attractive financial benefits for Bayer and its shareholders.

The plaintiff alleges that the Defendants specifically downplayed the liability risks related to Monsanto's Roundup product, emphasizing that the Company conducted a thorough analysis during due diligence and undertook appropriate due diligence of litigation and regulatory issues throughout the process which led Bayer to finalize the Acquisition.