--- title: "Protalix says Delaware stockholder class action over bylaws is dismissed" url: "https://aibio.space/news/protalix-says-delaware-stockholder-class-action-bylaws-dismissed-160/" publisher: "aibio.space (Biotech Investor Relations News)" date: "2025-08-01" section: "Legal" tickers: "AMEX:PLX" source: "https://www.sec.gov/Archives/edgar/data/1006281/000155837025009989/plx-20250801x8k.htm" summary: "A Delaware stockholder class action against Protalix BioTherapeutics and its board, Thomas v. Bashan, et al., was dismissed as to the plaintiff after the b" --- By the aibio.space news desk. Sources - [Protalix BioTherapeutics, Inc. Form 8-K filed August 1, 2025 (SEC EDGAR)](https://www.sec.gov/Archives/edgar/data/1006281/000155837025009989/plx-20250801x8k.htm) - [plx-20241231x10k.htm](https://www.sec.gov/Archives/edgar/data/1006281/000155837025003039/plx-20241231x10k.htm) [PLX](https://aibio.space/companies/protalix-biotherapeutics-de/) 2025-08-01 # Protalix says Delaware stockholder class action over bylaws is dismissed, $160,000 in counsel fees Tickers [PLX](https://aibio.space/companies/protalix-biotherapeutics-de/) A Delaware stockholder class action against Protalix BioTherapeutics and its board, Thomas v. Bashan, et al., was dismissed as to the plaintiff after the board amended the bylaws. Protalix agreed to pay $160,000 in fees and expenses to the plaintiff's counsel, and it denies the allegations. ## Key facts - **Company**: Protalix BioTherapeutics, Inc. (DE) (AMEX: PLX) - **News type**: Legal - **Primary source**: [Protalix BioTherapeutics, Inc. Form 8-K filed August 1, 2025 (SEC EDGAR)](https://www.sec.gov/Archives/edgar/data/1006281/000155837025009989/plx-20250801x8k.htm) *Marble steps and columns of a supreme court building. CC0, via rawpixel. The picture shows the field, not the companies named.* Protalix BioTherapeutics, Inc. (NYSE American: [PLX](https://aibio.space/companies/protalix-biotherapeutics-de/)) reported on August 1, 2025 that a Delaware stockholder class action against it and its board had been dismissed as to the plaintiff. The company reported the outcome in a [Form 8-K filed August 1, 2025](https://www.sec.gov/Archives/edgar/data/1006281/000155837025009989/plx-20250801x8k.htm) under Item 8.01. The case is captioned Thomas v. Bashan, et al., and the defendants are Protalix and the members of its Board of Directors. The caption names an individual surnamed Bashan. The 8-K does not give his first name or list the other directors. The company agreed to pay $160,000 in fees and expenses to the plaintiff's counsel. The 8-K says the court has not passed on the amount of those fees. ## What the complaint alleged Plaintiff Kevin Mathew Thomas filed a Verified Stockholder Class Action Complaint in the Court of Chancery of the State of Delaware on March 10, 2025. The case number is C.A. No. 2025-0259-PAF. The complaint alleged that certain provisions in the company's Amended and Restated Bylaws, adopted on December 27, 2024, violated 8 Del. C. Sections 141(k) and 228(a). A stockholder class action is a lawsuit brought by one stockholder on behalf of others. These are the plaintiff's allegations, not findings by a court. ## The company's response Protalix and its board deny completely all of the allegations of wrongdoing in the complaint, according to the 8-K. On May 8, 2025, the board amended the bylaws. Because of that amendment, the plaintiff agreed that his claims were moot, meaning there was no longer a live dispute for the court to decide. On July 23, 2025, the court entered a Stipulation and Order providing that the action would be dismissed with prejudice only as to the plaintiff, and that the case would be closed. The 8-K ties the fee payment to the plaintiff's agreement that his claims were moot, and it repeats that the company and board deny the allegations. ## Counsel The 8-K names Fields Kupka & Shukurov LLP as plaintiff's counsel, with Christopher J. Kupka as the attention contact. It names Mayer Brown LLP as defendants' counsel, with Henninger S. Bullock as the attention contact. ## What the company does Protalix's annual report on Form 10-K describes the company as a biopharmaceutical business that makes recombinant therapeutic proteins with its ProCellEx plant cell-based protein expression system. The report says the company is the first and only company to gain FDA approval of a protein produced through plant cell-based expression in suspension. Its two commercial products are enzyme replacement therapies. Elfabrio treats adults with a confirmed diagnosis of Fabry disease. Elelyso treats adults with Gaucher disease, and the company has licensed its commercial rights worldwide, other than Brazil, to Pfizer. In Brazil the rights went to Fundação Oswaldo Cruz, known as Fiocruz, under a supply and technology transfer agreement signed in 2013. The annual report says the company generated $12.6 million from Elelyso sales to Pfizer in 2024. The annual report's risk factors also cover the company's reliance on Fiocruz meeting its purchase obligations under that agreement, a point that bears directly on the company's revenue. ## What the 8-K leaves open The case ended with a fee payment and a bylaw change. The 8-K does not say what the May 8, 2025 amendment changed, and it reports no ruling on whether the original bylaw provisions violated Sections 141(k) or 228(a). The dismissal is with prejudice only as to the plaintiff, and the court has not passed on the amount of fees and expenses. [Report an error](https://aibio.space/reputation/#correction) ## Companies in this story PLX Protalix BioTherapeutics, Inc. (DE) AMEX · United States Open the starter desk ## More in Legal Legal ### [Alnylam details Texas patent suit, two Cipla patent cases and a U.S. Attorney subpoena](https://aibio.space/news/alnylam-details-texas-patent-suit-two-cipla-patent-cases-u-s-attorney/) Oct 29, 2026 Legal ### [Viking and Ligand dispute VK2809 license termination in San Diego court](https://aibio.space/news/viking-ligand-dispute-vk2809-license-termination-san-diego-court/) Oct 29, 2026 Legal ### [Viking's ITC trade secret ruling against Ascletis is on appeal at Federal Circuit](https://aibio.space/news/vikings-itc-trade-secret-ruling-against-ascletis-appeal-federal/) Oct 29, 2026 --- Source page: https://aibio.space/news/protalix-says-delaware-stockholder-class-action-bylaws-dismissed-160/. Facts in aibio.space stories are checked against company filings and releases; opinion is labelled. Cite as: aibio.space, "Protalix says Delaware stockholder class action over bylaws is dismissed", 2025-08-01, https://aibio.space/news/protalix-says-delaware-stockholder-class-action-bylaws-dismissed-160/