Frequently Asked Questions

  1. Why should I read the notice?

    The Court has certified a Class in this lawsuit. The Class consists of persons who purchased shares of Geron common stock during a certain time period, referred to above as the Class Period. The Class is more fully described below. You may be a Class Member. You may be entitled to participate in any benefits that may eventually be obtained for the Class as a result of this lawsuit. There is, however, no assurance that a judgment in favor of the Class will be granted.

    The notice provides a summary of the lawsuit. It also describes who is eligible to be included in the Class, the effect of participating in this lawsuit as a Class Member, and how to request exclusion from the Class.

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  2. What is this lawsuit about?

    This is a securities lawsuit filed in the United States District Court for the Northern District of California. The operative complaint in the Action names as defendants Geron and its Chief Executive Officer, President, and member of the Board of Directors, John A. Scarlett (collectively, “Defendants”). The Court appointed Julia Junge and Richard Junge as Lead Plaintiffs in the Action.

    1. Lead Plaintiffs, on behalf of the Class, allege that Defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. Lead Plaintiffs allege that Defendants, along with Geron’s development partner, Janssen Biotech Inc. (“Janssen”), a division of Johnson & Johnson, were conducting a Phase 2 clinical trial called IMbark on Geron’s only drug candidate, imetelstat. It is alleged that during the Class Period, Defendants made materially false and misleading statements to investors, and failed to disclose material facts Defendants had a duty to disclose to make their representations not misleading, concerning certain study data results from the IMbark study and certain risk factors. The Complaint alleges that Defendants should have disclosed the allegedly bad news about the IMbark study data when they disclosed allegedly good news about the study. Allegedly, when the truth was disclosed at the end of the Class Period, Geron’s stock declined by over 71%. You may review a copy of the operative Complaint in the Action by visiting the “Important Documents” page of this website.
    2. Defendants deny Lead Plaintiffs’ allegations and deny any wrongdoing or liability for the claims alleged in the Action. Among other things, Defendants deny that they made any false or misleading statements violating the Securities Exchange Act of 1934, that any of the alleged false or misleading statements were made with fraudulent intent, that any alleged false or misleading statement caused Geron’s stock price to trade at artificially inflated prices during the Class Period, that any such alleged false or misleading statement caused Geron’s stock price to decline, or that any Class Member sustained damages recoverable under the Securities Exchange Act of 1934.
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  3. Who is a Class Member?

    By order dated April 2, 2022, the Court certified the following Class:

    All persons who purchased Geron common stock during the period from March 19, 2018, to September 26, 2018, inclusive, and who were damaged thereby (the “Class”).

    Excluded from the Class by definition are:

    Defendants; directors and officers of Geron; and their families and affiliates.

    The ruling by the Court certifying the Class does not address the merits of this litigation. Rather, the certification of the Class means only that the ultimate outcome of the Action—whether favorable or unfavorable to the Class or Defendants—will apply in like manner to each Class Member who does not timely elect to be excluded from the Class.

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  4. Who represents the Class?

    Class Counsel, who represent the Lead Plaintiffs and the Class in this lawsuit, is the law firm Kaplan Fox & Kilsheimer LLP. Class Counsel may be contacted at the addresses and phone number listed in FAQ 7.

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  5. How do I participate in this Class Action?

    If you fall within the definition of the Class set forth above, you are a member of the Class. IF YOU WISH TO REMAIN A CLASS MEMBER, YOU DO NOT NEED TO DO ANYTHING AT THIS TIME. As a Class Member, you will be bound by any judgment or settlement, whether favorable or unfavorable, in this Action. Thus, you may participate in any monetary settlement or judgment rendered in favor of the Class, and you may submit a Proof of Claim following such a settlement or judgment. No settlement or judgment has occurred at this time. You will necessarily also be bound by any unfavorable judgment which may be rendered in favor of Defendants. You will not necessarily have the further opportunity to seek exclusion from the Class at the time of any settlement. It is within the Court’s discretion whether to allow a second opportunity to request exclusion from the Class if the Action is resolved by a settlement. In other words, this may be your only chance to opt out of the lawsuit.

    Lead Plaintiffs and Class Counsel represent the Class and all Class Members. Class Counsel has agreed to pursue this Action on a contingent-fee basis. All attorney’s fees and expenses will be payable only out of a recovery by the Class, if any, and will be subject to approval by the Court. Class Members will not have to pay lawyers any additional amounts, and in no event will individual Class Members be obligated to pay any judgment, court costs, or lawyer’s fees for participating in this Action.

    Any Class Member who does not request exclusion from the Class may also enter an appearance through his or her own counsel at his or her own expense.

    Class Members will be eligible to participate in any recovery that might be obtained in the Action. While the Notice is not intended to suggest any likelihood that Class Members will recover any money, should there be a recovery, Class Members will be required to submit a Proof of Claim demonstrating their membership in the Class and documenting their sales, purchases and/or holdings of Geron common stock, and their resulting damages. For this reason, please be sure to keep all records of your transactions and holdings in Geron common stock. DO NOT mail them to Class Counsel or the Notice Administrator at this time.

    No money or benefits are available now and there is no guarantee that money or benefits will be obtained. If they are, Class Members will be notified regarding how to obtain a share.

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  6. How can I be excluded from the Class?

    If you wish to be excluded from the Class, meaning to opt out of the lawsuit, you must submit a request for exclusion in accordance with the instructions in the next paragraph. If you choose to be excluded: (1) you will NOT be entitled to share in any recovery from any settlement or judgment that may be paid to Class Members as a result of a trial or other resolution of this lawsuit; (2) you will NOT be bound by any judgment or release entered in this lawsuit; and (3) at your own expense, you MAY pursue any claims that you believe you may have by filing your own lawsuit or taking other action.

    To exclude yourself from the Class, you must send a letter stating that you request exclusion from the Class in Julia Junge and Richard Junge v. Geron Corporation and John A. Scarlett, No. 3:20-cv-00547-WHA. Requests must: (i) state the name, address, and telephone number of the person or entity requesting exclusion, and, in the case of entities, the name and telephone number of the appropriate contact person; and (ii) be signed by the person or entity requesting exclusion or an authorized representative, accompanied by proof of authorization. You must mail your exclusion request, postmarked by no later than July 22, 2022, to the Notice Administrator, Epiq Class Action & Claims Solutions, at the following address:

    Geron Securities Litigation
    c/o Epiq Class Action & Claims Solutions
    P.O. Box 4574
    Portland, OR 97208-4574
    emailIcon info@GeronSecuritiesLitigation.com
    phoneIcon 1-844-754-5537

    Only request exclusion if you do NOT wish to participate in the Class Action and do NOT wish to share in any potential recovery that the Class may obtain.

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  7. How can I get more information?

    The Notice contains only a summary of the litigation and your rights as a potential Class Member. For more detailed information regarding the matters involved in this litigation, please refer to the papers on file in the Action, which may be inspected, during business hours, at the Office of the Clerk of Court, 450 Golden Gate Ave., San Francisco, CA 94102. In addition, important documents in the case have been posted on the Important Documents page of this website.

    Inquiries regarding this litigation may be addressed to the following Class Counsel:

    Class Counsel
    Laurence D. King, Esq.
    KAPLAN FOX & KILSHEIMER LLP
    1999 Harrison Street, Suite 1560
    Oakland, CA 94612
    phoneIcon 1-800-290-1952
    Jeffrey P. Campisi, Esq.
    KAPLAN FOX & KILSHEIMER LLP
    850 Third Avenue, 14th Floor
    New York, NY 10022
    phoneIcon 1-800-290-1952
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  8. What if I have a change in address?

    If the Notice was mailed to you at an old address, or if you move, please advise the Notice Administrator of your current address so that you can receive any future notices and/or Proof of Claim forms. The Notice Administrator can be reached at Geron Securities Litigation, c/o Epiq Class Action & Claims Solutions at P.O. Box 4574, Portland, OR 97208-4574; info@GeronSecuritiesLitigation.com; or 1-844-754-5537. If you are not a Class Member, you may discard the Notice.

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