UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): March 29, 2023
(Exact name of Registrant as Specified in Its Charter)
(State or Other Jurisdiction of Incorporation) | (Commission File Number) | (I.R.S. Employer Identification No.) | |||||||||
| (Address of principal executive offices) | (Zip Code) | ||||||||||
Registrant’s Telephone Number, Including Area Code: (703 ) 442-8844
Not Applicable
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instructions A.2. below):
Securities registered pursuant to Section 12(b) of the Exchange Act:
| Title of each class | Trading symbol | Name of each exchange on which registered | ||||||
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§ 230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§ 240.12b-2 of this chapter).
Emerging growth company ☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. o
Item 8.01 Other Events.
On March 29, 2023, Appian Corporation (the “Company”) sent its employees an e-mail regarding the lawsuit Appian Corp. v. Pegasystems Inc. A copy of the e-mail is furnished as Exhibit 99.1 to this report and incorporated by reference into Item 8.01.
The information included in Item 8.01 of this Current Report on Form 8-K (including the e-mail attached as Exhibit 99.1 and incorporated by reference into Item 8.01) shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, regardless of any general incorporation language in such filing.
Item 9.01 Financial Statements and Exhibits.
Exhibit Number | Description | |||||||
| 99.1 | ||||||||
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) | |||||||
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
| Appian Corporation | |||||||||||
Date: March 29, 2023 | By: | /s/ Mark Matheos | |||||||||
| Mark Matheos | |||||||||||
| Chief Financial Officer | |||||||||||
Exhibit 99.1
Appian Response to Pega's Legal Appeal
SUMMARY
We’ve filed our brief (responding to Pegasystems’ appellate brief) in the Virginia Court of Appeals. Pega’s brief omits key facts presented to the jury and offers what we believe is a misleading version of the case and the law. Our brief sets things straight. It explains the evidence that helped the jury determine Pega willfully and maliciously misappropriated Appian’s trade secrets -- and award us more than $2 billion in damages.
DETAILS
Virginia courts have a history of respecting the rights of juries to weigh testimony and documentary evidence in reaching a conclusion. As such, we think Pega has a tall hurdle to overcome. As long as any evidence supports the verdict, court precedent says it must be upheld. And, as the trial judge said, Appian provided “overwhelming” evidence that Pega misappropriated Appian trade secrets and that Pega was unjustly enriched by its conduct.
Our brief shows the trial judge was well-founded in his legal rulings, which are supported by the great weight of legal precedent and sound policy. I'm not a lawyer, so I won’t detail all the laws and precedents, but you can read about them in the brief itself. It's available on our Pega Verdict webpage (www.appian.com/pega).
We’ll make the pertinent testimony and evidence available on that same webpage soon. People will be able to review the evidence and understand the jury's decision.