Dismissal With Prejudice for Akero Therapeutics
A cross-office Latham litigation team secured dismissal with prejudice in a securities class action against Akero Therapeutics, Inc., a pioneering liver-disease drug company, and certain of its executives. The case involved allegations that Akero misled investors about the patient population in a Phase 2b study of a new drug for liver diseases, impacting the company's stock price. Latham contended that plaintiffs had not alleged a strong inference of scienter. Within 10 days of the motion to dismiss hearing, the court dismissed the litigation with prejudice, quoting extensively from Latham's arguments and holding that the plaintiffs had not filled in the “logical gaps” that would explain why defendants would intentionally conceal information that would eventually need to be disclosed, only to voluntarily disclose it before the disclosure was required.