CytoDyn, Inc. is entitled to summary judgment and dismissal of its former chief medical officer and board member’s defamation claim, however, its counterclaims that the executive failed to return and destroy confidential information in breach of restrictive covenants aren’t ready for consideration, a federal court in Delaware ruled. Allegedly defamatory statements in a press release announcing his departure and in corporate filings with the Securities and Exchange Commission that his termination was “for cause” were true at the time they were made, which is an affirmative defense to defamation, the court stated.
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