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JACOB v. BLOOM ENERGY CORPORATION

C.A. No. 2020-0023-JRS.

DENNIS JACOB and MICHAEL BOLOURI, Plaintiffs, v. BLOOM ENERGY CORPORATION, Defendant.

Court of Chancery of Delaware.

Decided: February 25, 2021.

Attorney(s) appearing for the Case

Blake A. Bennett Esquire , of Cooch and Taylor, P.A., Wilmington, Delaware and Sam Bonderoff, Esquire , James Ostaszewski Esquire , and Matthew Hendrickson Esquire , of Zamansky LLC, New York, New York, Attorneys for Plaintiffs Dennis Jacob and Michael Bolouri.

Kevin G. Abrams, Esquire , John M. Seaman Esquire , and Eliezer Y. Feinstein Esquire , of Abrams & Bayliss LLP, Wilmington, Delaware, Attorneys for Defendant Bloom Energy Corporation.

MEMORANDUM OPINION

On September 17, 2019, forensic analysts at Hindenburg Research published a 54-page report (the "Hindenburg Report"), which concluded that Defendant, Bloom Energy, Inc. ("Bloom" or the "Company"), had misrepresented its financials and the performance of its "green" energy technology.

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