ChromaDex Subpoenas General Catalyst
ChromaDex yesterday noticed a subpoena in the federal district court in California requesting documents from third party General Catalyst Group. You can read the subpoena here:
General Catalyst is a private venture capital fund that has invested in companies like Stripe, Hubspot, and AirBnB.
According to General Catalyst's website, it has also invested in Elysium Health.
You will recall from the New York litigation that ChromaDex alleged in its complaint, as part of the "nefariously conceived plan," that:
"On information and belief, Elysium falsely disseminated untrue information to investors about ChromaDex’s financial health to further interfere with ChromaDex’s ability to raise money and defend itself against Elysium’s multi-front litigation and deceptive advertising war. And, on further information and belief, Elysium and/or its agents are associated with or responsible for stock “short attacks” intended to drive the share value of ChromaDex down, making it a more accessible take-over target. A company like Elysium does not engage in a concerted unscrupulous and orchestrated plan of this nature, to deceive consumers and harm a competitor, without the authorization and direction of both its management and its board of directors..." [emphasis added]
So it is interesting that one of the subpoena items for General Catalyst requests all communications between Catalyst and Elysium concerning trading in ChromaDex stock, including short selling in June 2016.
Here is what ChromaDex has requested from General Catalyst as part of discovery in the California case:
1. All COMMUNICATIONS between YOU and ELYSIUM CONCERNING CHROMADEX.
2. All COMMUNICATIONS between YOU and ELYSIUM CONCERNING ELYSIUM's contracts with CHROMADEX, including but not limited to COMMUNICATIONS concerning pricing, orders, most favored nation provisions, or any payments made or owed under such contracts.
3. All COMMUNICATIONS between YOU and ELYSIUM CONCERNING ELYSIUM's supply or supply chain for NICOTINAMIDE RIBOSIDE or PTEROSTILBENE, including but not limited to COMMUNICATIONS CONCERNING any planned or actual change in the supplier or manufacturer of NICOTINAMIDE RIBOSIDE or PTEROSTILBENE to be used by ELYISIUM.
4. All COMMUNICATIONS between YOU and ELYSIUM CONCERNING the market for NICOTINAMIDE RIBOSIDE, including but not limited to information CONCERNING the volumes and prices of NICOTINAMIDE RIBOSIDE or PTEROSTILBENE purchased by ELYSIUM or others.
5. All COMMUNICATIONS between YOU and ELYSIUM CONCERNING Mark Morris or Ryan Dellinger.
6. All COMMUNICATIONS between YOU and ELYSIUM CONCERNING any litigation between ELYSIUM and CHROMADEX.
7. All COMMUNICATIONS between YOU and ELYSIUM CONCERNING any intellectual property (including but not limited to trade secrets and patents) concerning NICOTINAMIDE RIBOSIDE or PTEROSTILBENE.
8. All COMMUNICATIONS between YOU and ELYSIUM CONCERNING trading in CHROMADEX stock, including but not limited to short selling of CHROMADEX’s stock in June 2016.
9. All DOCUMENTS memorializing, reflecting, or CONCERNING the COMMUNICATIONS requested in Request Nos. 1-8 above, including but not limited to any notes or summaries of oral COMMUNICATIONS between YOU and ELYSIUM falling within the scope of Request Nos. 1-8 above.