XML 32 R14.htm IDEA: XBRL DOCUMENT v3.19.1
Note 8 - Commitments and Contingencies
12 Months Ended
Dec. 31, 2018
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]
8.
 Commitments and Contingencies
 
Office Space Lease Commitment
 
The Company leases office and laboratory facilities in Charlottesville, Virginia. Rent expense related to the Company's operating lease for both the years ended
December 
31,
2018
and
2017
was approximately
$0.1
million. Future minimum rental payments under the Company's non-cancelable operating lease at
December 
31,
2018
were as follows:
 
 
   
Rental Commitments
 
2019
  $
114,409
 
2020
   
116,464
 
2021
   
118,519
 
2022
   
39,735
 
Total
  $
389,127
 
 
Arrangements with Clinical Research Organization
 
The Company has various agreements with contract research organizations (“CROs”) to provide clinical trial services for individual studies and projects by executing individual work orders governed by Master Service Arrangements (“MSAs”). The MSAs and associated work orders are designed such that quarterly payments are to be made in advance of the work to be performed.  The Company recognized research and development expenses related to these MSAs of
$1.6
million and
$1.0
million during the years ended
December 31, 2018
and
2017,
respectively.  As of
December 
31,
2018,
there was
$0.8
million of prepaid research and development costs that are estimated to be recognized during fiscal
2019.
 
Legal Proceedings
 
On
August 7, 2014,
a complaint was filed in the Superior Court of Los Angeles County, California by Paul Feller, the Company’s former Chief Executive Officer under the caption
Paul Feller v. RestorGenex Corporation, Pro Sports & Entertainment, Inc., ProElite, Inc. and Stratus Media Group, GmbH
(Case
No.
BC553996
). The complaint asserts various causes of action, including, among other things, promissory fraud, negligent misrepresentation, breach of contract, breach of employment agreement, breach of the covenant of good faith and fair dealing, violations of the California Labor Code and common counts. The plaintiff is seeking, among other things, compensatory damages in an undetermined amount, punitive damages, accrued interest and an award of attorneys’ fees and costs. On
December 30, 2014,
the Company filed a petition to compel arbitration and a motion to stay the action. On
April 1, 2015,
the plaintiff filed a petition in opposition to the Company’s petition to compel arbitration and a motion to stay the action. After a hearing for the petition and motion on
April 14, 2015,
the Court granted the Company’s petition to compel arbitration and a motion to stay the action. On
January 8, 2016,
the plaintiff filed an arbitration demand with the American Arbitration Association. On
November 19, 2018
at an Order to Show Cause Re Dismissal Hearing, the Court found sufficient grounds
not
to dismiss the case, and an arbitration hearing has been scheduled for
November 2019.
The Company believes this matter is without merit and intends to defend the arbitration vigorously. Because this matter is in an early stage, the Company is unable to predict its outcome and the possible loss or range of loss, if any, associated with its resolution or any potential effect the matter
may
have on the Company’s financial position. Depending on the outcome or resolution of this matter, it could have a material effect on the Company’s financial position.