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):  December 20, 2013
        PhotoMedex, Inc.
(Exact Name of Registrant Specified in Charter)
         
 
           Nevada
 
0-11635
 
             59-2058100
 
 
(State or other jurisdiction
 
 (Commission File Number)
 
(I.R.S. Employer
 
 
       of incorporation)
     
      Identification Number)
 

 
100 Lakeside Drive, Suite 100, Horsham, Pennsylvania
19044
 
 
(Address of Principal Executive Offices)
(Zip Code)
 

Registrant’s telephone number, including area code:   215-619-3600
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:

o
 
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o
 
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o
 
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17       CFR 240.14d-2(b))

o
 
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


 
 

 




ITEM 8.01
Other Events

 
Consistent with statements made in press releases and on the websites of various plaintiff's attorneys' firms, PhotoMedex, Inc. was served on Friday, December 20, 2013, with a lawsuit filed in the United States District Court for the Eastern District of Pennsylvania against the Company and its two top executives, Dolev Rafaeli, Chief Executive Officer, and Dennis M. McGrath, President and Chief Financial Officer.   The suit, filed by Mr. Guy Ratz, a former employee of Radiancy (Israel) Ltd., a wholly-owned subsidiary of the Company, alleges various violations of the Federal securities laws between November 7, 2012 and November 14, 2013, including that the Company and its officers made false and misleading statements or failed to disclose material facts concerning the Company’s business.  The plaintiff seeks class action status for the suit, as well as an unspecified amount of monetary damages, pre-and post-judgment interest and attorneys’ fees, expert witness fees and other costs.  The Company and its officers intend to vigorously defend themselves against this lawsuit. 
 




 
 
 

 
 

 

 

 
 
 

SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this Current Report to be signed on its behalf by the undersigned hereunto duly authorized.

 
 
PHOTOMEDEX, INC.
 
 
Date:  December 23, 2013
By:           /s/ Dennis M. McGrath                                           
 
Dennis M. McGrath
President & Chief Financial Officer