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Note 7 - Commitments and Contingencies
3 Months Ended
Mar. 31, 2020
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]
7.
Commitments and Contingencies
 
Office Space Rental
 
The Company has a non-cancelable operating lease for office and laboratory space in Charlottesville, Virginia, which began in
April 2017
and, as of
December 31, 2019,
has a remaining lease term of approximately
2.3
years. The Company adopted ASC
842
in the
first
quarter of
2019
and as a result of the adoption, the Company recognized a current operating lease liability of
$0.1
million and a noncurrent operating lease liability of
$0.2
million with a corresponding ROU asset of the combined amounts, which is based on the present value of the minimum rental payments of the lease. The discount rate used to account for the Company's operating lease under ASC
842
is the Company’s estimated incremental borrowing rate of
10%.
The original term of the lease ends in the
second
quarter of
2022
and the Company has an option to extend for another
five
years. This option to extend was
not
recognized as part of the Company's measurement of the ROU asset and operating lease liability as of
March 31, 2020.
 
Rent expense related to the Company's operating lease was approximately
$30,000
and
$20,000
for the
three
months ended
March 
31,
2020
and
2019,
respectively. Future minimum rental payments under the Company's non-cancelable operating lease at was as follows as of
March 31, 2020:
 
   
Rental Commitments
 
2020 (remaining)
  $
87,691
 
2021
   
118,519
 
2022
   
39,735
 
Total
   
245,945
 
Less: imputed interest
   
(22,188
)
Current and noncurrent operating lease liability
  $
223,757
 
 
Research and Development Arrangements
 
In the course of normal business operations, the Company enters into agreements with universities and contract research organizations, or CROs, to assist in the performance of research and development activities and contract manufacturers to assist with chemistry, manufacturing, and controls related expenses. Expenditures to CROs represent a significant cost in clinical development for the Company. The Company could also enter into additional collaborative research, contract research, manufacturing, and supplier agreements in the future, which
may
require upfront payments and long-term commitments of cash.
 
Defined Contribution Retirement Plan
 
The Company has established a
401
(k) defined contribution plan (the
“401
(k) Plan”) that covers all employees who qualify under the terms of the plan. Eligible employees
may
elect to contribute to the
401
(k) Plan up to
90%
of their compensation, limited by the IRS-imposed maximum. The Company provides a safe harbor match with a maximum amount of
4%
of the participant’s compensation. The Company made matching contributions under the
401
(k) Plan of approximately
$17,000
and
$18,000
for the
three
months ended
March 31, 2020
and
2019,
respectively.
 
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 2020.
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.