Assertio (ASRT) - 2024 Q4 - Annual Report

Regulatory and Compliance Risks - Future product candidates are subject to regulatory approval risks, and failure to obtain such approvals could limit commercialization opportunities [193]. - The regulatory approval process is lengthy and costly, with potential delays impacting the ability to bring products to market [200]. - The company relies on third-party organizations for clinical trials, and any failure in their performance could delay regulatory approvals [201]. - The company is subject to compliance with the FDA's good clinical practices, and any non-compliance could result in unreliable clinical data [202]. - The company may face challenges in meeting rapidly evolving regulatory standards related to privacy and data security in AI/ML applications [232]. Financial and Market Risks - The company faces significant risks related to product liability and ongoing litigation, which may adversely impact its financial condition and operations [191]. - The company has obtained product liability insurance, but inadequate coverage could hinder product commercialization and lead to significant expenses [192]. - The company's common stock is at risk of delisting from Nasdaq due to non-compliance with the Bid Price Rule, with a deadline to regain compliance by July 21, 2025 [209]. - The company may need to consider a reverse stock split to regain compliance with Nasdaq listing standards [209]. - The company has faced past compliance issues with Nasdaq, requiring grace periods and reverse stock splits to maintain its listing [209]. - Any delisting from Nasdaq could adversely affect market liquidity, stock price, and financing capabilities, potentially leading to a fundamental change under the 2027 Convertible Notes [212]. - The company's stock price has historically been volatile, influenced by various factors beyond its control, which may continue to affect trading prices [213]. - Significant drops in stock price could lead to shareholder lawsuits, impacting capital-raising efforts [214]. - Activist shareholders have caused legal and other fees, potentially disrupting the company's strategic plans and relationships with stakeholders [217]. - The company is subject to risks from unsolicited takeover attempts, which could distract management and incur significant costs [219]. - Conversions of the 2027 Convertible Notes or future sales of common stock could lower the market price of the company's stock [220]. - The potential for increased costs due to macroeconomic factors could affect the company's ability to raise capital on favorable terms [230]. Operational and Strategic Risks - The company is currently not engaged in any material clinical trials, which may affect future product development and market entry [194]. - Changes in the executive management team, including recent leadership transitions, may disrupt business operations and strategic planning [221]. - The company faces risks related to cybersecurity incidents, which could lead to significant operational disruptions and financial losses [226]. - The adequacy of the company's cybersecurity risk management protocols is uncertain, and breaches could expose sensitive information and incur substantial costs [229]. - Recent supply chain constraints have led to higher inflation, impacting the acquisition of APIs and manufacturing costs [230]. - The company is exposed to reputational harm and liability risks associated with the use of evolving technologies [231]. Macroeconomic and Geopolitical Risks - Macroeconomic conditions, including inflation and high interest rates, can adversely affect the company's business operations and financial results [230]. - The company faces potential changes to trade agreements and tariffs due to shifts in U.S. policy, which could negatively influence global economic growth [230]. - Geopolitical tensions and trade conflicts may have a material adverse effect on the company's financial condition and market value [230]. Technology and Innovation Risks - The use of AI and ML technologies presents new risks, including security threats to sensitive data and potential intellectual property issues [231]. - Regulatory challenges related to AI/ML may require the company to alter business practices or face fines, impacting operational efficiency [232].