Richman

I. BACKGROUND

23 uBiome was a biotechnology company that focused on the human microbiome. 24 Compl. ¶¶ 14–15. The company developed tests that individual consumers could use to 25 receive diagnostics on the microorganisms present in their gut and genitals. Id. ¶ 15. The 26 test results could purportedly assist with the diagnosis and treatment of a range of medical 27 conditions, including inflammatory bowel disease and sexually transmitted infections. Id. Richman and Apte co-founded uBiome in October 2012. Id. ¶¶ 12–14. During the life of the company, Richman served as CEO and President, and Apte served as Chief Scientific Officer and, at times, co-CEO. Id. Richman and Apte were hands-on managers who “closely monitored and managed every aspect of uBiome’s operations together.” Id. ¶ 16. No “decision about a significant aspect of uBiome’s business was made without the knowledge and approval of at least one of Richman or Apte.” Id. The charges against Richman and Apte stem from events that began in 2015. Id. ¶¶ 17–18. Prior to 2015, uBiome developed and marketed tests for consumers, which consumers paid for out of…