NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED SETTLEMENT, AND MOTION FOR ATTORNEYS’ FEES AND EXPENSES
Please be advised that your rights may be affected by the above-captioned securities class action (the “Action”) pending in the United States District Court for the Southern District of New York (the “Court”) if you purchased or acquired GigaCloud Technology Inc (“GigaCloud” or the “Company”) Class A ordinary shares (“GigaCloud Stock”) during the period from August 18, 2022 through May 22, 2024, inclusive (the “Class Period”), and were allegedly damaged thereby (the “Settlement Class”).1
A federal court authorized this Notice. This is not attorney advertising.
- The Court will hold a Settlement Hearing on October 9, 2025 at 3:30 p.m. to decide whether to approve the Settlement. If approved by the Court, the Settlement will provide for the payment of $2,750,000 gross (the “Settlement Amount”), plus interest as it accrues, minus attorneys’ fees, expenses, compensatory awards to Co-Lead Plaintiffs, Notice and Administration Expenses, and Taxes on interest, to persons and entities who purchased GigaCloud Stock during the Class Period, and who submit eligible Claim Forms.
- Based on Co-Lead Plaintiffs’ consulting damages expert’s estimate of approximately 26.3 million shares of GigaCloud Stock that may have been affected by the conduct alleged in the Action, and assuming that all Settlement Class Members elect to participate in the Settlement, the estimated average gross recovery (before the deduction of any Court-approved fees, expenses and costs as described herein) is approximately $0.10 per share. Settlement Class Members should note, however, that the foregoing average recovery is only an estimate. Settlement Class Members may recover more or less than this amount depending on, among other factors, when their shares were purchased or otherwise acquired and the price at the time of purchase or acquisition; whether the shares were sold and, if so, when they were sold and for how much, and the aggregate value of the Recognized Claims represented by valid and acceptable Claim Forms. In addition, the actual recovery of Settlement Class Members may be further reduced by the payment of fees and costs from the Settlement Fund, as approved by the Court. Distributions to Settlement Class Members will be made based on the Plan of Allocation set forth in the Notice or such other plan of allocation as may be approved by the Court.
- To claim your share of the Settlement, you must submit a valid Claim Form postmarked or submitted online by October 6, 2025.
- Attorneys for Co-Lead Plaintiffs and the Settlement Class, Pomerantz LLP and The Rosen Law Firm, P.A. (“Co-Lead Counsel”), intend to ask the Court to award them and additional counsel Portnoy Law Firm and The Schall Law Firm (together “Plaintiffs’ Counsel”) fees of up to 33.4% of the Settlement Amount, plus interest, and payment of up to $130,000 in litigation expenses and up to $15,000 in total in compensatory awards to Co-Lead Plaintiffs, pursuant to the Private Securities Action Reform Act of 1995 (“PSLRA”). Since the Action’s inception, Plaintiffs’ Counsel have expended considerable time and effort in this case on a contingent-fee basis and have advanced the expenses of the litigation with the expectation that if they were successful in obtaining a recovery for the class, they would be paid from such recovery. Collectively, the requested attorneys’ fees, litigation expenses and compensatory awards to Co-Lead Plaintiffs are estimated to average approximately $0.04 per share. If approved by the Court, these amounts will be paid from the Settlement Fund.
- The estimated average net recoveries, after the deductions set forth in the preceding paragraph, are approximately $0.06 per share. These estimates are based on the assumptions set forth in the preceding paragraphs. Your actual recovery, if any, will depend on, among other things, when their shares were purchased or otherwise acquired and the price at the time of purchase or acquisition; whether the shares were sold and, if so, when they were sold and for how much, and the aggregate value of the Recognized Claims represented by valid and acceptable Claim Forms.
- The Settlement resolves the Action and claims that GigaCloud, Larry Lei Wu (“Wu”), Xin Wan (“Wan”), Kwok Hei David Lau (“Lau”), Zhiwu Chen (“Chen”), Thomas Liu (“Liu”), Frank Lin (“Lin”), Xing Huang (“Huang”), Binghe Guo (“Guo”), and Aegis Capital Corp. (“Aegis”) (collectively, “Defendants”) violated federal securities laws by allegedly making misrepresentations and/or omissions of material fact in public statements to the investing public concerning, inter alia, GigaCloud’s artificial intelligence capabilities and activity on GigaCloud’s e‑commerce marketplace. Lin, Huang, and Guo have not appeared in the Action, GigaCloud, Wu, Wan, Lau, Chen, Liu, and Aegis (“Settling Defendants”) have entered into the Stipulation with Co-Lead Plaintiffs (collectively, the “Parties”). Settling Defendants have denied and continue to deny each, any, and all allegations of wrongdoing, fault, liability, or damage whatsoever asserted by Co-Lead Plaintiffs. Settling Defendants have also denied, inter alia, the allegations that Co-Lead Plaintiffs or the Settlement Class have suffered damages or that Co-Lead Plaintiffs or the Settlement Class were harmed by the conduct alleged in the Action. Settling Defendants continue to believe the claims asserted against them in the Action are without merit.
- The Settling Parties disagree on how much money, if any, could have been won if Co-Lead Plaintiffs prevailed on each of their claims.
- For Co-Lead Plaintiffs, the principal reason for the Settlement is the guaranteed cash benefit to the Settlement Class. This benefit must be compared to the costs and delay associated with completing discovery (including foreign discovery), the risk that the Court may refuse to certify a class and/or grant anticipated motions for summary judgment filed by Settling Defendants, in whole or in part, the risks involved in proving the allegations, the uncertainty of a greater recovery after a trial and appeals, and the difficulties and delays inherent in such litigation. For Settling Defendants, who deny all allegations of wrongdoing or liability whatsoever and deny that Settlement Class Members were damaged, the sole reason for entering into the Settlement is to end the burden, expense, uncertainty, and risk of further litigation.
- If you are a member of the Settlement Class, your legal rights will be affected whether you act or do not act. If you do not act, you may permanently forfeit your right to recover on these claims. Therefore, you should read this Notice
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM |
The only way to get a payment from the Settlement. Claim Forms must be postmarked or submitted online on or before October 6, 2025 |
EXCLUDE YOURSELF |
Get no payment. This is the only option that allows you to ever be part of any other lawsuit against the Defendants or any other Released Defendant Parties about the legal claims that were or could have been asserted in this case. Requests for exclusion must be received on or before September 18, 2025. |
OBJECT |
Write to the Court about why you do not like the Settlement, the Plan of Allocation, and/or the request for attorneys’ fees, costs, and expenses. You will still be a member of the Settlement Class. Objections must be received by the Court and counsel on or before September 18, 2025. |
PARTICIPATE IN THE HEARING |
Ask to speak in Court about the fairness of the Settlement, the Plan of Allocation, and/or the request for attorneys’ fees, costs, and expenses. Requests to speak must be received by the Court and counsel on or before September 18, 2025 to participate in the hearing on October 9, 2025. |
DO NOTHING |
Get no payment. Give up your rights. |
1 All capitalized terms used in this Notice that are not otherwise defined have the meanings given to them in the Stipulation and Agreement of Settlement, dated June 16, 2025 (the “Stipulation”), which is available HERE.