Lawsuit Overview
Settlement Overview
You must register to view and download the Settlement Notice and Settlement Proof.
August 9, 2016 - The court ordered the authorization of the distribution of the net settlement fund.
October 13, 2015 - The court approved the settlement, the plan of allocation and the motion for attorneys’ fees and expenses.
June 5, 2015 - The court preliminarily approved the settlement.
April 13, 2015 - Parties filed a stipulation of settlement.
May 9, 2014 - Defendants filed a motion to dismiss.
February 24, 2014 - The lead plaintiff filed an amended complaint on behalf of investors who purchased Biolase Inc (NASDAQ: BIOL) common shares between November 5, 2012 and August 13, 2013. The lead plaintiff alleges that the defendants violated the Securities Exchange Act of 1934 by issuing false and misleading statements between November 5, 2012 and August 13, 2013.
December 10, 2013 - The lead plaintiff and lead counsel were appointed and all cases were consolidated.
August 23, 2013 - An investor in shares of Biolase Inc (NASDAQ: BIOL) filed a lawsuit in the U.S. District Court for the Central District of California against Biolase Inc over alleged violations of Federal Securities Laws in connection with certain allegedly false and misleading statements made between January 7, 2013 and August 12, 2013.
According to the complaint the plaintiff alleges on behalf of all persons or entities who purchased or otherwise acquired securities of Biolase Inc (NASDAQ :BIOL) between January 7, 2013 and August 12, 2013, that Biolase Inc and certain of its officers and directors violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.
More specifically, the plaintiff alleges that defendants failed to disclose and/or concealed between January 7, 2013 and August 12, 2013, that contrary to defendants’ statements between January 7, 2013 and August 12, 2013, there is little evidence demonstrating the use of dental lasers (instead of drills) provides long-term benefits to teeth, and because both children and adults can have cavities filled without the numbing injections Biolase Inc claims its WaterLase products preclude, only 5% of dental offices use dental lasers and dentists were hesitant to adopt dental lasers – especially Biolase Inc’s – because of their high costs, that due to the relatively high costs associated with its dental laser offerings, Biolase Inc’s efforts to switch to a direct sales model in the United States between January 7, 2013 and August 12, 2013 were failing, that contrary to defendants’ statements between January 7, 2013 and August 12, 2013, the high debt burden the Company assumed to exit its arrangement with the former exclusive distributor of its WaterLase products, coupled with the onerous terms of certain of its Comerica lines of credit, were financially handicapping the Company, and that contrary to defendants’ statements between January 7, 2013 and August 12, 2013 that “the cash generated from operations and the borrowings available under the lines of credit with Comerica [would] be sufficient to fund [Biolase Inc’s] working capital requirements for 2013,” there was no cash being generated from operations and the Company was in default of its Comerica lines of credit.
On Jan 7, 2013, Biolase Inc announced that, based on a preliminary review of its financial performance for the fourth quarter ended December 31, 2012, Biolase Inc expects to exceed its previous guidance and report net revenue in excess of $18 million.
On March 6, 2013, Biolase Inc reported its 2012 fourth quarter year-end results. Biolase Inc said that its Net revenue of $19.1 million for Q4 2012, is a 45.0% increase over $13.2 million for Q4 2011, and a 12.4% increase over the midpoint of the Company's guidance of $16.5 million to $17.5 million. Biolase Inc’s annual Total Revenue increased from $48.86 million in 2011 to $57.36 million in 2012 and that its Net Loss declined from $4.49 million in 2011 to $3.06 million in 2012.
On May 7, 2013, Biolase Inc reported its 2013 first quarter results.
On August 7, 2013 its 2013 second quarter results.
Then on August 13, 2013, Biolase Inc announced that Comerica Bank agreed to waive BIOLASE's® non-compliance with a condition in the Loan and Security Agreement, dated May 24, 2012, by and between Biolase Inc and Comerica Bank, as amended (the Loan Agreement ).
Biolase Inc said that the Loan Agreement required that, as of June 30, 2013, BIOLASE's earnings before interest, taxes, depreciation, and amortization could not be less than ($500,000). Biolase Inc said that Comerica Bank agreed to waive this requirement, provided that BIOLASE and Comerica agree upon a further amendment to the Loan Agreement containing revised financial covenants by September 13, 2013, and further agreed that until such time, the total amount borrowed under the Loan Agreement cannot exceed $7.5 million.
Shares of Biolase Inc (NASDAQ: BIOL) declined from $3.75 per share on August 2, 2013 to $1.19 per share on August 14, 2013.
On August 23, 2013, Biolase Inc (NASDAQ: BIOL) shares closed at $1.83 per share.