Hampton v. Root9B Technologies, No. 16-1417 (10th Cir. 2018)Annotate this Case
The issue this appeal presented for the Tenth Circuit’s review centered on the district court’s dismissal of Plaintiff-Appellant David Hampton’s securities-fraud class action against Defendants-Appellees root9B Technologies, Inc. (“root9B”), Joseph Grano, Jr., the Chief Executive Officer and Chairman, and Kenneth T. Smith, the former Chief Financial Officer. Hampton filed suit claiming root9B made false or misleading statements in connection with the purchase or sale of securities. Hampton identified two statements he alleged were false or misleading and material: (1) a letter from Grano to investors attesting that root9B was differentiated from competitors by its “proprietary hardware and software;” and (2) a press release and associated report published by root9B in which the company claimed to have detected a planned cyber attack against a number of international financial institutions. He further alleged that the individual defendants were jointly and severally liable under section 20(a) of the Securities Exchange Act of 1934. The district court dismissed Hampton’s claims, finding that he had failed to sufficiently plead that the identified statements were false or misleading. The Tenth Circuit concurred with the district court’s findings and affirmed its judgment.