NOTE 12. LITIGATION

On February 28, 2025, Star Equity Fund, LP (“Star Equity”) filed a complaint in the United States District Court for the District of Maryland, docketed as case no. 1:25-cv-00677-SAG, against Firsthand Capital Management, Inc., Scalar, LLC, current and former members of the board of directors of Firsthand Technology Value Fund, Inc. (the “Fund”), and an officer of the Fund as defendants. The complaint also names the Fund as a nominal defendant. The complaint alleges putative class action claims against the defendants for violations of federal securities laws for alleged false or misleading statements relating to the valuation of the Fund’s assets, and it also purports to allege derivative claims against defendants for breaches of fiduciary duties and breach of contract related to management of the Fund and its assets. In connection with the derivative claims, the complaint names the Fund as a nominal defendant. Although purporting to assert the derivative claims on behalf of the Fund, Star Equity did not make a pre-suit demand on the Fund’s board of directors to initiate litigation over those claims. The Fund believes that the allegations in the complaint lack merit and intends to vigorously defend this action. The Fund has certain indemnification obligations to certain defendants. Defense costs for the Fund, despite the Fund’s having in place an applicable liability insurance policy, may be significant and therefore could have an impact on the Fund’s financial condition that cannot now be determined.

On September 5, 2023, VestedCap, LLC (“VestedCap”) filed a complaint in Superior Court for the State of California. The case is venued in Santa Clara County (Case No. 23-CV-422238.)  As originally filed, the lawsuit asserted claims against one of the Fund’s portfolio companies, IntraOp Medical Corporation. VestedCap also named Kevin Landis as a co-defendant. In the original complaint, VestedCap asserted claims for breach of contract, fraud and deceit, conversion, unjust enrichment, and judicial foreclosure. IntraOp and Kevin Landis denied all claims against them.
 
On January 22, 2025, VestedCap amended its complaint and added the Fund as an additional co-defendant. In the amended complaint, VestedCap has asserted the following claims against the Fund:  wire fraud, violations of the RICO Act, fraud and deceit, conversion, and declaratory relief. VestedCap has also asserted that the Fund is the alter ego of co-defendants IntraOp Medical Corporation and Kevin Landis and therefore should be a party to the case. The Fund believes that the allegations in the complaint lack merit and intends to vigorously defend this action. Defense costs for the Fund, despite the Fund’s having in place an applicable liability insurance policy, may be significant and therefore could have an impact on the Fund’s financial condition that cannot now be determined.