Embark Technology, Inc.

On November 10, 2021, Northern Genesis Acquisition Corp. II, a special purpose acquisition company, combined with Embark Trucks Inc. (“Legacy Embark”) and the combined entity was renamed Embark Technology, Inc. (the “Business Combination”).

On January 6, 2022, The Bear Cave published a report which alleged, among other things, that Embark “appears to lack true economic substance” and that it’s “current evaluation appears to be based on puffery rather than actual substance.” The report claimed that the Company “holds no patents, has only a dozen or so test trucks, and may be more bark than bite.”

On this news, Embark’s stock fell $1.37, or 16.75%, to close at $6.81 per share on January 6, 2022, 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) the Company had performed inadequate due diligence into Legacy Embark; (2) Legacy Embark and the Company following the Business Combination held no patents and an insignificant amount of test trucks; (3) accordingly, the Company had overstated its operational and technological capabilities; (4) as a result of all the foregoing, the Company had overstated the business and financial prospects of the Company post-Business Combination; and (5) 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.