Shelly Albaum

Feb 9, 2019

Elysium Subpoenas Frost and Iconiq

Last week ChromaDex issued a subpoena for documents from Elysium's investor General Catalyst Group.

This week Elysium has issued two document subpoenas, one for Phillip Frost and one for Iconiq Capital.

You can read Elysium's subpoenas here:

Phillip Frost Subpoena

Iconiq Capital Subpoena

Even though we don't know (and may never know) the answers to these questions, the questions themselves give us a hint about what may have been going on behind the scenes.

For example, from Phillip Frost Elysium would like to get:

All documents and communications concerning any potential, purported, or considered acquisition of Elysium by ChromaDex

All documents and communications concerning the March 2015 meeting in Florida between You, Michael Brauser, and Barry Honig and representatives of Elysium, including but not limited to documents and communications concerning the participation of Frank Jaksch in a portion of that meeting by telephone and documents and communications concerning Your proposal at that meeting that ChromaDex acquire Elysium and replace ChromaDex's management with Elysium's

And from Iconiq Capital Elysium would like to get:

All communications between You and ChromaDex concerning any connection or relationship between Robert Fried, Phillip Frost, Barry Honig, Michael Brauser, Steven Rubin, or the Frost Group

All communications between You and ChromaDex regarding Healthspan, including but not limited to communications regarding...(c) whether the transactions between ChromaDex and Healthspan posed any conflict of interest, (d) whether any transaction between ChromaDex and Healthspan caused ChromaDex to breach any agreement it had with Elysium...

All communications between You and ChromaDex concerning any actual or potential investors or investment in Elysium, including but not limited to efforts by Elysium to raise money or obtain financing from any source

All communications between You and ChromaDex concerning any potential or proposed acquisition of Elysium by any person or entity, including but not limited to a potential acquisition of Elysium by ChromaDex...

I actually don't know what to make of all this, except that (1) We have now heard suggestions that each company considered acquiring the other, (2) Apparently it was HealthSpan that was the customer that allegedly caused ChromaDex to violated the MFN clause, and (3) Elysium, just like the Trolls on our discussion board apparently anticipated, is pushing some intrigue around the Frost-Honig-Brauser connections.

#CDXC #ChromaDex #ElysiumHealth #Litigation

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