October 11, 2013 (Shareholders Foundation) - An investigation on behalf of current long-term stockholders of shares of Opexa Therapeutics Inc (NASDAQ:OPXA) was announced concerning whether certain Opexa Therapeutics officers and directors possibly breached their fiduciary duties in connection with certain statements.

The investigation by a law firm concerns whether certain Opexa Therapeutics officers and directors breached their fiduciary duties in connection with their conduct in seeking shareholders approval for the Companys Amended and Restated 2010 Stock Incentive Plan.

In the Proxy Statement filed by Opexa Therapeutics Inc Company with the Securities and Exchange Commission the Board of Directors recommends that Opexas shareholders vote to approve an amendment to the Companys Amended and Restated 2010 Stock Incentive Plan to increase the number of shares available for issuance thereunder by 3,000,000 shares.

According to the investigation the issuance of the additional shares could have a severe dilutive effect on the shares of Opexa Therapeutics Inc.


Opexa Therapeutics Inc (NASDAQ:OPXA) reported that its Net Loss increased from $5.97 million in 2011 to $8.93 million in 2012.

Shares of Opexa Therapeutics Inc (NASDAQ:OPXA) closed on Oct. 11, 2013 at $1.77 per share.