Pegasystems Inc.

On May 29, 2020, PEGA was sued by CRM software competitor, Appian Corporation, for stealing its trade secrets and violating computer crime law.

Then, on May 9, 2022, after the market had closed, PEGA disclosed that the Virginia circuit court jury awarded Appian $2.036 billion after the jury found that PEGA engaged in “willful and malicious” misappropriation of Appian’s trade secrets.

On this news, PEGA’s stock fell $17.86, or 27.1%, over the next two consecutive trading days to close at $48.07 per share on May 11, 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) PEGA had engaged in corporate espionage and misappropriation of trade secrets to better compete against Appian, a principal competitor; (2) Defendants’ product development and associated success was, in significant part, not the result of its own research and product testing but rather the result of such corporate espionage and trade secret theft; (3) Defendants had engaged in a scheme to steal Appian trade secrets, which was not only known to, but carried out through, the personal involvement of the Company’s CEO; (4) the Company’s CEO and other officers and employees did not comply with the Company’s written Code of Conduct, including its express prohibition on “stealing” confidential information from a competitor and “misrepresenting your identity in hopes of obtaining confidential information”; (5) the Company was “unable to reasonably estimate damages” in the Appian Litigation; and (6) as a result of the foregoing, Defendants’ statements about PEGA’s business, operations, prospects, legal compliance, and potential damages exposure in the Appian Litigation were materially false and/or misleading and/or lacked a reasonable basis when made.