A securities class action has been filed against Hyzon Motors Inc. (HYZN) on behalf of a class consisting of all persons and entities who purchased or otherwise acquired the publicly traded securities of Hyzon between February 9, 2021 through September 27, 2021. This case has been filed in the USDC – W.D.N.Y.
On September 28, 2021, Blue Orca Capital published a report alleging, among other things, that “channel checks reveal . . . that Hiringa was not actually a customer, but a ‘channel partner’ assisting Hyzon in marketing vehicles to real end customers in New Zealand.” Though the Hyzon claims that “Hiringa will account for 24% of the Company’s projected deliveries in 2021,” the report alleged that “Hiringa stated point blank that no deliveries would be taken in 2021,” so Blue Orca “expect[s] a major guidance miss.” Moreover, multiple executives left Hyzon because they “became uncomfortable with how Hyzon was presenting customer orders to investors” as it felt “a bit like unfortunately what Nikola was doing.”
On this news, the Company’s share price fell $2.58, or 28%, to close at $6.63 per share on September 28, 2021, thereby injuring investors.
The complaint filed in this class action alleges that throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company’s business, operations, and prospects. Specifically, Defendants failed to disclose to investors that: (1) Hyzon was misrepresenting the nature of its “customer” contracts and severely embellished its “deals” and “partnerships” with customers; (2) Hyzon could not deliver its announced vehicles in 2021, on its stated timeline; and (3) as a result, Defendants’ positive statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis at all relevant times.