Frequently Asked Questions
If you purchased or otherwise acquired Zymergen common stock pursuant and/or traceable to the registration statement and prospectus issued in connection with Zymergen’s April 2021 initial public offering, and are not otherwise excluded, you could be entitled to a payment from a proposed Settlement.
For a full description of the Settlement, including a description of your rights under the Settlement and how to file a claim, click on the Court Documents and Notice and Claim Form pages where you can download and review the Stipulation of Settlement, the Notice of Proposed Settlement of Class Action ("Notice"), the Proof of Claim and Release form ("Proof of Claim"), and other critical documents.
In order to participate in the Settlement, you must submit a Proof of Claim. We encourage you to submit a Proof of Claim via the online claim filing portal, which can be found by clicking the blue “File Claim” button at the top right of the screen.
Note that the online link will be disabled at any time after the October 11, 2026, filing submission deadline.
A brief background of this case is provided on pages 3-4 of the Notice and is also summarized on this website. We do not have any more information regarding the background of this case beyond what is provided in the Notice and posted case documents.
A class action is a type of lawsuit in which one or several individuals or entities prosecute claims on behalf of all members of a group of similarly situated persons and entities (i.e., the Class) to obtain monetary or other relief for the benefit of the entire group. Class actions avoid the necessity of each member of a class having to file his, her, or its own separate lawsuit to obtain relief. Class actions are used to decide legal and factual issues that are common to all members of a Class.
Importantly, Class Members are NOT individually responsible for the attorneys’ fees or litigation expenses. In a class action, attorneys’ fees and litigation expenses are paid from the settlement fund (or the Court judgment amount), if any, and must be approved by the Court. If there is no recovery, the attorneys representing the Class do not get paid.
If you purchased or otherwise acquired Zymergen common stock pursuant and/or traceable to the Registration Statement and prospectus issued in connection with Zymergen’s April 2021 initial public offering, and are not otherwise excluded, you are a Class Member.
Excluded from the Class are Defendants, the officers and directors of Defendants, at all relevant times, members of their immediate families and their legal representatives, heirs, successors, or assigns and any entity in which Settling Defendants have or had a controlling interest.
As a member of the Class, you will be represented by Lead Counsel, identified below, and will have no individual liability for attorneys’ fees and costs:
Robbins Geller Rudman & Dowd LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Lead Counsel will represent you as a part of the Class. You will not be individually charged for these lawyers. Lead Counsel will seek an award of attorneys’ fees and expenses. You will not be personally liable for any such fees or expenses.
You may, if you so desire, enter an appearance through an attorney who will then represent you. You will, however, be responsible for the fees and costs charged by your own attorney appearing on your behalf.
Please read the Notice and the Class definition carefully and decide whether you wish to submit a Proof of Claim. If you are still not certain of eligibility and want for us to determine eligibility, you will need to submit a Proof of Claim along with supporting documentation for your transactions.
To be potentially eligible for a payment from the proceeds of the Settlement, you must be a Class Member and must timely complete and return the Proof of Claim with adequate supporting documentation so that it is postmarked or received no later than October 11, 2026.
The Plan of Allocation, included on pages 9-11 of the Notice, explains how the Net Settlement Fund will be allocated among eligible investors in Zymergen common stock and how a claimant’s Recognized Loss Amount will be calculated.
Your share of the Net Settlement Fund will depend on several things, including: (i) the number of shares of Zymergen common stock you bought or otherwise acquired; (ii) how much you paid for the shares; (iii) when you bought or otherwise acquired such shares; (iv) whether or when you sold such shares (and, if so, for how much you sold them); and (v) the amount of Recognized Losses of other Authorized Claimants.
The Net Settlement Fund will be distributed to Authorized Claimants on a pro rata basis, based on the relative size of their Recognized Claim. Specifically, a “Distribution Amount” will be calculated for each Authorized Claimant, which will be the Authorized Claimant’s Recognized Claim divided by the total Recognized Claims of all Authorized Claimants, multiplied by the total amount in the Net Settlement Fund. No distributions will be made to Authorized Claimants who would otherwise receive a distribution of less than $10.00.
We administer the notice process under the direction of the presiding Court and counsel. In some cases, we are directed to provide CUSIP numbers for the securities involved in the matter. In other cases, we are not authorized or directed to provide the CUSIP numbers. In this case, we are unable to provide the CUSIP for Zymergen common stock. The determination regarding CUSIP numbers is made on a case-by-case basis by counsel and the Court and is not a matter decided by the Claims Administrator.
We do not hold stock records. Verita Global, LLC is a third-party administrator appointed by the Court. We are provided with names and addresses of potential claimants in order to notify individuals of the settlements, but we do not have access to your private investment records.
We recommend you contact the institution where you held your Zymergen common stock and request proof or supporting documentation for your claim.
When submitting your claim, you must include sufficient documentation to confirm all transactional and holding information provided on your Proof of Claim.
Suggested forms of documentation include, but are not limited to, photocopies of stockbrokers' confirmation slips or stockbrokers' monthly statements reflecting your transactions, opening and closing balances for the months specified on the Proof of Claim, and in which transactions during the relevant period occurred.
Stock certificates are not considered a sufficient form of documentation as they do not provide the necessary trade date and transaction price information. We are also unable to accept handwritten documents, self-prepared tax forms or spreadsheets, or statements that are illegible due to document quality.
Email is not an acceptable submission method, and claims submitted via email will not be reviewed for eligibility. As indicated in the general instructions for the Proof of Claim, you must submit your claim online via this website or by postal mail. To submit your Proof of Claim by mail, mail your completed and signed Proof of Claim to the following address:
Zymergen Securities Litigation
c/o Verita Global, LLC
P.O. Box 301135
Los Angeles, CA 90030-1135
To submit your Proof of Claim online, click the blue File Claim button at the top right of the screen.
We cannot advise you as to whether you should choose to submit a claim or objection.
Unless you timely and validly excluded yourself in response to the Notice of Pendency of Class Action mailed to you in September 2023, you remain in the Class. This means that you cannot sue, continue to sue, or be part of any other lawsuit against the Settling Defendants or the other Released Defendant Parties about the Released Plaintiff’s Claims in this case. It also means that all of the Court’s orders will apply to you and legally bind you. The terms of the release are included in the Notice of Proposed Settlement of Class Action, Proof of Claim, and Stipulation of Settlement.
If you do not submit a Proof of Claim, you will not receive any money from this Settlement but will still be part of the Class and subject to applicable releases.
If you are a Class Member and did not exclude yourself from the Class in connection with the mailing of the Notice of Pendency of Class Action, you may object to the terms of the Settlement, the proposed Plan of Allocation, the requested attorneys’ fees, charges and expenses, and/or Plaintiffs’ request for awards for representing the Class.
For any objection to be considered, you must file a written statement, accompanied by proof of Class membership, with the Court so that it is filed or postmarked on or before September 22, 2026.
All written objections and supporting papers should:
- Clearly identify the case name and number - Wang v. Zymergen Inc., et al., No. 5:21-cv-06028-PCP;
- Include your name, address, telephone number, and your signature (even if you are represented by counsel);
- Include the number of shares of Zymergen common stock you purchased or otherwise acquired pursuant and/or traceable to the Registration Statement, and whether any of those shares were sold, as well as the dates and prices for each such purchase, other acquisition, or sale. You must also include copies of documents demonstrating all your purchase(s), acquisitions, and/or sale(s) of Zymergen common stock;
- State with specificity your comments or the reasons why you object to the proposed Settlement, Plan of Allocation, and/or fee and expense application, including any legal and evidentiary support for such objection;
- State whether it applies only to the objector, to a specific subset of the Class, or to the entire Class;
- Identify all other class action settlements in which you or your counsel have filed objections in the past five years; and
- Your intention to appear at the hearing and the identity of any witnesses you may call to testify and any exhibits you intend to introduce into evidence at the Settlement Hearing. Your notice of intention to appear must be sent to the Clerk of the Court so that it is received no later than September 22, 2026
All written objections and supporting papers must be submitted to the Court either by mailing them to the Clerk of the Court, United States District Court for the Northern District of California, Robert F. Peckham Federal Building & United States Courthouse, 280 South 1st Street, Room 2112, San Jose, CA 95113, or by filing them in person at any location of the United States District Court for the Northern District of California.
Unless otherwise directed by the Court, any Class Member who does not make his, her, or its objection in the manner provided shall be deemed to have waived all objections to this Settlement and shall forever be foreclosed from raising (in this or any other proceeding or on any appeal) any objection and any untimely objection shall be barred.
If you do nothing, you will not receive any money from this Settlement.
The Court will hold a Settlement Hearing at 10:00 a.m., on October 13, 2026, before the Honorable P. Casey Pitts, at the United States District Court for the Northern District of California, Robert F. Peckham Federal Building & United States Courthouse, 280 South 1st Street, San Jose, CA 95113. At the hearing, the Court will consider whether the Settlement and the Plan of Allocation are fair, reasonable, and adequate. If there are objections, the Court will consider them, even if you do not ask to speak at the hearing. The Court will listen to people who appear to speak at the hearing. The Court may also decide how much Lead Counsel and Plaintiffs will be paid. After the Settlement Hearing, the Court will decide whether to approve the Settlement and the Plan of Allocation. We do not know how long these decisions will take. You should be aware that the Court may change the date and time of the Settlement Hearing without another notice being sent to Class Members. If you want to attend the hearing, you should check with Lead Counsel or regularly check the Settlement website, www.ZymergenSecuritiesLitigation.com, to be sure that the date and/or time has not changed.
No. Lead Counsel will answer any questions the Court may have. But you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary. Class Members do not need to appear at the hearing or take any other action to indicate their approval.
The Settlement Hearing will be held on October 13, 2026, at 10:00 a.m., to decide whether to approve the Settlement. If the Court approves the Settlement, there might be appeals. It is always uncertain whether appeals can be resolved, and, if so, how long it would take to resolve them.
It also takes time for all of the Proofs of Claim to be processed. Processing time on our cases can take an average of nine to twelve months or more from the October 11, 2026 filing deadline. Once processing is complete, we must then wait for authorization from Counsel and/or the Court before we can distribute the funds, which can take several additional months.
Please understand that this is an estimated timeframe for processing based on our experience, which does not guarantee that all case processing will be completed within twelve months. Processing time varies from case to case, and some cases may take more or less time based on the specifics of that case’s settlement.
If your claim has been received and we have any questions or need additional information or documentation to assist in the processing of your claim, we will contact you by using one or more of the contact methods (phone, e-mail, or mail) that you listed on your Proof of Claim.
We will not have the final claim payout amount available until we have processed all of the claims, calculated the total loss of claims filed, and received approval from the Court and/or Lead Counsel.
We appreciate your patience as accurate claims processing takes time.
Separate Proofs of Claim should be submitted for each separate legal entity (e.g., a claim from joint owners should not include the transactions of just one of the joint owners, and an individual should not combine his or her IRA transactions with transactions made solely in the individual’s name).
However, a single Proof of Claim should be submitted on behalf of one legal entity that includes all transactions made by that entity, no matter how many separate accounts that entity has (e.g., a corporation with multiple brokerage accounts should include all transactions made in all accounts on one Proof of Claim).
When filing on behalf of a deceased beneficial owner or their estate, you can submit a claim in the name of the individual, or, if an estate exists, you can submit on behalf of the estate. Note that any settlement proceeds will be made payable to the estate if that is how you submit that claim.
The claim submission should include a copy of the death certificate and proof of authority to file. As you are submitting a Proof of Claim as a representative on behalf of someone else (e.g., as an executor, administrator, trustee, or other representative), you must document your authority to file on their (or their estate’s) behalf. Proof of authority can include a copy of the Last Will and Testament, Letters Testamentary, evidence of probate, proof of authority as executor or beneficiary, and/or any other testamentary provisions of the deceased person. Do not send originals, as any documents submitted with your claim will not be returned.
Depending on whether you submit on behalf of the individual or on behalf of the estate, please provide the appropriate tax identification number or the last four digits of the social security number and sign the Proof of Claim.
The claim must be submitted for the benefit of the actual beneficial owner/purchaser of the shares or their estate. Do not submit the Proof of Claim in the name of the deceased person’s family or other heirs. We must issue the check to the actual beneficial owner/purchaser of the shares. We cannot issue any applicable check in the name of the deceased person’s family, beneficiaries, or other heirs.
If you have any corrections or changes to your name or address, please send them via email to the Claims Administrator at [email protected] or by mail to: Zymergen Securities Litigation, c/o Verita Global, LLC , P.O. Box 301135, Los Angeles, CA 90030-1135.
If you have any additional questions, you may contact the Claims Administrator at:
Email: [email protected]
Phone: 1-888-858-5903
Mail: Zymergen Securities Litigation, c/o Verita Global, LLC, P.O. Box 301135, Los Angeles, CA 90030-1135.