NEW YORK, July 31, 2023 (GLOBE NEWSWIRE) -- Bragar Eagel & Squire, P.C., a nationally recognized shareholder rights law firm, is investigating potential claims against Xponential Fitness, Inc. (NYSE: XPOF), Franchise Group, Inc. (NASDAQ: FRG), Alvotech SA (NASDAQ: ALVO), and Sanmina Corporation (NASDAQ: SANM). Our investigations concern whether these companies have violated the federal securities laws and/or engaged in other unlawful business practices. Additional information about each case can be found at the link provided.
Xponential Fitness, Inc. (NYSE: XPOF)
Xponential purports to be the largest global franchisor of boutique fitness brands and went public on July 21, 2021 at $12.00 per share. On April 6, 2022, an entity affiliated with Xponential's Chairman of the Board sold 5.175M shares at $20.00 per share in a secondary offering. On February 8, 2023, Xponential's founder and CEO, Anthony Geisler, and the Chairman's entity sold 5.75 million shares at $24.50 per share in another secondary equity offering.
Before the market opened on June 27, 2023, Fuzzy Panda Research published a report Xponential Fitness (XPOF) - "Abusive Franchisor That Is A House of Cards". The report alleges Geisler, "has a long history of misleading investors and business partners….We discovered XPOF is hiding the fact that many of their brands and franchisees are struggling."
On this news, Xponential's stock price has fallen intraday $7.62 per share to $17.51, a drop of 30.3% on very heavy volume.
For more information on the Xponential investigation go to: https://bespc.com/cases/XPOF
Franchise Group, Inc. (NASDAQ: FRG)
On May 10, 2023, Franchise Group announced that it would be acquired by Freedom VCM, Inc., an investment consortium that includes Franchise Group's CEO, at a price of $30.00 per share, representing a premium of less than 4% to the stock's closing price the prior day. Following the closing of the proposed transaction, Franchise Group investors will be cashed out of their investment position and the Company's shares will no longer be publicly traded.
Following the announcement, Franchise Group's stock price fell $0.23 per share, or 0.78%, to close at $29.10 per share on May 11, 2023.
For more information on the Franchise Group investigation go to: https://bespc.com/cases/FRG
Alvotech SA (NASDAQ: ALVO)
On April 13, 2023, Alvotech issued a press release "announc[ing]…that the U.S. Food and Drug Administration (FDA) has issued a complete response letter (CRL) for Alvotech's Biologics License Application (BLA) for AVT02, a high-concentration biosimilar candidate for Humira® (adalimumab). The CRL noted that certain deficiencies, which were conveyed following the FDA's reinspection of the company's Reykjavik facility that concluded on March 17, 2023, must be satisfactorily resolved before the application can be approved."
On this news, Alvotech's stock price fell sharply during intraday trading on April 14, 2023.
For more information on the Alvotech investigation go to: https://bespc.com/cases/ALVO
Sanmina Corporation (NASDAQ: SANM)
On May 11, 2023, Sanmina disclosed in a filing with the U.S. Securities and Exchange Commission ("SEC") that "[d]uring the preparation of its unaudited consolidated financial statements for the fiscal quarter ended April 1, 2023, the Company determined that certain personnel in the division had failed to properly substantiate and update cost estimates for materials and other costs over the life of certain contracts." Accordingly, following "an independent investigation under the direction of the Audit Committee of the Company's Board of Directors," the Company had determined that "revenue was over/(understated) by approximately $10.2 million, $18.3 million, ($29.1 million), and $5.6 million, and GAAP earnings per share was over/(understated) by approximately $0.09, $0.29, $0.25, and ($0.06) in the fiscal years ended October 3, 2020, October 2, 2021 and October 1, 2022, and the first fiscal quarter ended December 31, 2022, respectively (collectively, the ‘Affected Periods')." Sanmina also disclosed that "[t]he associated interim periods for the Affected Periods were also impacted. Because these misstatements are material to the Affected Periods compared to the previously reported results of operations for such periods, on May 10, 2023, the Audit Committee concluded that the consolidated financial statements for the Affected Periods included in the Company's Annual Reports on Form 10-K for the fiscal years ended October 3, 2020, October 2, 2021 and October 1, 2022 and the unaudited condensed consolidated financial statements included in the Company's Quarterly Reports on Form 10-Q for the quarterly fiscal periods included in such fiscal years and for the first fiscal quarter ended December 31, 2022 should no longer be relied upon."
On this news, Sanmina's stock price fell $3.05 per share, or 5.7%, to close at $50.50 per share on May 12, 2023.
For more information on the Sanmina investigation go to: https://bespc.com/cases/SANM
About Bragar Eagel & Squire, P.C.:
Bragar Eagel & Squire, P.C. is a nationally recognized law firm with offices in New York, California, and South Carolina. The firm represents individual and institutional investors in commercial, securities, derivative, and other complex litigation in state and federal courts across the country. For more information about the firm, please visit www.bespc.com. Attorney advertising. Prior results do not guarantee similar outcomes.
Contact Information:
Bragar Eagel & Squire, P.C.
Brandon Walker, Esq.
Marion Passmore, Esq.
(212) 355-4648
investigations@bespc.com
www.bespc.com
