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SEC is Investigating RTW Invest. & Its Role in Masimo Proxy ‘Empty Voting’ Scheme

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Image from RTW website, RTW is connected to Joe Kiani and the Masimo proxy war
RTW website

In a new report last week, we learned that the Securities and Exchange Commission (SEC) has launched an investigation into RTW Investments over its role in an “empty voting” scheme related to the Masimo Corp. proxy battle which concluded in September at the Masimo Annual Stockholders Meeting. Masimo, now under new board management, has accused former CEO Joe Kiani and RTW of colluding in an empty voting scheme to try and manipulate a board election in their favor and deprive shareholders of their voting rights.

See more on this news about the SEC, Masimo, Joe Kiani, and RTW

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Masimo Releases 3Q/2024 Results, First Under New Management; Investors Like It

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Masimo cover page

Sound United to be ‘A Discontinued Operation’

On Tuesday, Masimo Corporation (Nasdaq: MASI) announced the results of its financial performance for the third quarter (3Q) of Fiscal 2024 (FY2024) – the first such report under the new management. While the report comes from the new management, including interim CEO Michelle Brennan, the period of this report is for the quarter that ended September 28, 2024 – meaning the bulk of the actual performance occurred under previous CEO Joe Kiani. Still, the numbers, for the most part, looked pretty good.

Learn all about the performance of Masimo in 3Q/2024

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Masimo Terminates Kiani’s Employment; Files Lawsuit Alleging He Violated Securities Law

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Header of Masimo lawsuit against Joe Kiani & RTW

In a recent filing with the Securities and Exchange Commission, the new Masimo (Nasdaq: MASI) Board of Directors reaffirmed its non-GAAP 3Q and full-year financial guidance as previously provided by the company to investors. It also notified the commission that the Board has officially terminated the employment of former CEO Joe Kiani.

Perhaps most surprisingly, it has additionally filed a major lawsuit against Joe Kiani and RTW Investments alleging, among other things, that they colluded to create a group that violated federal securities laws.

See more on this latest filing with the SEC by the new Masimo Board of Directors

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Masimo Expands Board with Two New Appointments

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Masimo logo

Masimo Corporation (Nasdaq: MASI) announced that it has expanded the company’s Board of Directors with two new appointees. The medical products manufacturer, which also owns the Sound United audio brands, will now have a total of eight directors on its board.

See more on the expansion of the Masimo Board

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Split Decision: A Masimo Win and an Apple Win in High Stakes Legal War

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An annotated illustration from a 2005 smartwatch patent discovered by Masimo containing technology like an Apple patent in 2021
An annotated copy of an illustration from a 2005 patent for a smartwatch (Kotanagi) containing the same or substantially similar technology that Apple was granted a patent for in 2021

While many things have changed in the wake of Joe Kiani’s exit from Masimo Corporation (Nasdaq: MASI) – and many more changes are likely still to come – one thing continues on, the many lawsuits existing between Masimo and Apple Inc (Nasdaq: AAPL). And in the last few days, we have learned of two significant developments in that regard. One is a significant win for Masimo…and the other a significant win for Apple.

However, the war between these combatants continues…

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Masimo: Elvis Has Left the Building; New Management Gets to Work

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Masimo headquarters in California

In a public press release and a filing with the Securities and Exchange Commission (SEC), Masimo Corporation (Nasdaq: MASI) revealed that CEO, Chairman and Founder Joe Kiani resigned his position as CEO on September 19, 2024, in the wake of learning that William Jellison and Darlene Solomon, both Politan nominees, had been elected to the Board of Directors by a decisive margin. The Board has appointed an interim CEO and launched a search for a new permanent CEO.

See all the latest Masimo news as a new day dawns at the company

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Stock Value Jumps 8.7% on News Politan Nominees are Elected to Masimo Board

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The Days of Sound United as Part of Masimo are Likely Numbered

Masimo Corporation’s [Nasdaq: MASI] 2024 Annual Stockholders Meeting concluded yesterday, September 19, 2024, to the surprising news that the battle for control of the company’s Board of Directors was over…and there’s a new sheriff in town. According to a public statement released from Politan, activist investor Quentin Koffey, and his Politan Capital Management group’s nominated candidates, both won election to the two open Board seats – guaranteeing that the new independent directors are a majority of…and control…the Board.

Investors reacted to the news…and it was a strong reaction.

See more on the investor reaction to the Politan directors gaining control

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On Eve of Big Vote, Masimo & Politan Make One Last Pitch; Politan Sues Over Vote Manipulation

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Politan lawsuit against Masimo and RTW

Despite explosions going off everywhere all around the combatants, Masimo Corporation’s 2024 Annual Stockholders Meeting will in fact take place as rescheduled tomorrow, September 19, 2024. It has been a long and bloody battle to get to this point and it is not entirely clear who will prevail. But both sides took a last shot at reaching out to investors to try and gain their votes.

Politan’s swing was a little more powerful as it announced it would expand its lawsuit in the Delaware Court of the Chancery – with a new party to be sued, based on evidence it uncovered as part of Masimo’s lawsuit against it in California District Court.

See more on this last blast in the proxy war between Politan and Masimo

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Masimo Strikes Back: Judge Finds Politan & Koffey in Contempt of Court

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Masimo CEO Joe Kiani

Will Politan Snatch Defeat from the Jaws of Victory?

Last Friday, just hours after I reported to you on what appeared to be a significant “win” for Politan Capital Management L.P. et. al. in its proxy battle with Masimo Corporation, a new ruling is handed down from U.S. District Court Judge James V. Selna in which he holds Politan and its Chief Investment Officer Quentin Koffey in Contempt of Court based on a Masimo Ex Parte motion. Judge Selna’s ruling showed some real anger at Koffey and Politan and he has scheduled a new hearing on the sanctions to be administered in the matter, although at this moment, Masimo’s Annual Stockholders Meeting is scheduled to go ahead with its proxy vote this Thursday.

See the latest on this continuing heated battle

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BREAKING NEWS: Politan Wins…Court Denies Masimo Request for Preliminary Injunction

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Politan CIO Quentin Koffey

Politan Candidates & Proxy Vote Goes Forward Next Week; Masimo Demands a ‘Contempt’ Order

Late on Thursday, Politan announced that Judge James V. Selna of the U.S. District Court, Central District of California has denied Masimo’s request for a preliminary injunction in the matter of Masimo Corporation v. Politan Capital Management et.al. that sought to block Politan’s nominees for the Masimo Board of Directors. This is a big win for Quentin Koffey and Politan as it means that despite Masimo’s effort to disqualify its candidates, they remain eligible to run for the open Board positions and that the vote by investors can continue as planned at the Masimo 2024 Annual Stockholders Meeting, scheduled less than a week away, on Thursday, September 19, 2024.

Learn more about this big news in Masimo v. Politan

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