XML 22 R13.htm IDEA: XBRL DOCUMENT v3.10.0.1
LEGAL PROCEEDINGS
9 Months Ended
Sep. 30, 2018
Loss Contingency [Abstract]  
LEGAL PROCEEDINGS

8.                LEGAL PROCEEDINGS

 

In its Current Report on Form 8-K, filed April 9, 2018, Applied Energetics, Inc. indicated that its management was engaged in corporate due diligence on previous company financial and stock transactions with particular attention on large dilutive events, including issuance of shares that were registered on the Company’s Registration Statement on Form S-1 and as executive compensation from March 2, 2015.

 

On July 3, 2018, having determined that sufficient evidence existed of wrongdoing by prior management, with our legal counsel, Enterprise Counsel Group, located in Irvine, CA and our Delaware counsel located in Wilmington, DE, we commenced a lawsuit in the Court of Chancery of the State of Delaware.

 

In connection with the lawsuit, we have filed a Verified Complaint with the following six causes of action:

 

1.            Breach of Fiduciary Duty of Loyalty against George Farley

 

2.            Breach of Fiduciary Duty of Care against George Farley 

 

3.            Aiding and Abetting Breach of Fiduciary Duty against AnnMarieCo LLC (“AMC”) 

 

4.            Conversion against George Farley 

  

5.            Fraudulent Transfer against George Farley and AMC

  

6.            Injunctive Relief against George Farley and AMC

 

We have also filed for a Temporary Restraining Order to prohibit the shares indicated in the complaint to be transferred or sold until the court makes a final judgement.

 

On August 14, 2018, the Delaware Court of Chancery issued an order requiring the Company to post a bond in the total amount of $200,446.52. On August 21, 2018, the Company posted the bond via Atlantic Specialty Insurance Company acting as surety. Pursuant to the contract between the Company and Atlantic Specialty Insurance Company, the Company deposited $200,446.52 in cash as collateral for the surety agreement.

 

On August 23, 2018, the Delaware Court of Chancery court extended the hearing date on the Company’s motion for a preliminary injunction to October 23, 2018, and simultaneously ordered an increase in the bond amount of $55,446.52. On August 30, 2018, the Company posted the increased bond amount, again with Atlantic Specialty Insurance Company acting as surety, and deposited the additional $55,446.52 in cash with the surety.

 

On October 16, 2018, the Delaware Court of Chancery, Vice Chancellor Tamika Montgomery-Reeves presiding, entered a scheduling order continuing the hearing date on the Company’s motion for a preliminary injunction against defendants George Farley and AMC to December 14, 2018.

 

The October 16, 2018 order also required the Company to increase its bond amount by an additional $185,301.86 ($80,301.86 for AMC and $105,000.00 for Mr. Farley) to account for the continued hearing date. On October 24, 2018, the Company posted the additional bond amount of $185,301.86.

 

We may from time to time be involved in legal proceedings arising from the normal course of business.