Basis of Presentation and Significant Accounting Policies | 2. Basis of Presentation and Significant Accounting Policies. a. PRINCIPLES OF CONSOLIDATION , b. USE OF ESTIMATES. principles generally accepted in the U.S . (U.S. GAAP) requires management to make estimates and assumptions that affect the amounts reported in the consolidated financial statements and accompanying notes. Actual results could differ from those estimates. c. CASH AND CASH EQUIVALENTS. d. INVESTMENTS. Short-Term Bond Fund The short-term bond fund was a ity U.S. Treasuries U.S. Treasuries are classified as available-for-sale available-for-sale Available-for-sale non-current available-for-sale comprehensive income (loss) and and comprehensive income (loss). available-for-sale available-for-sale ( Investments). e. ACCOUNTS RECEIVABLE, NET. trade discounts , f. INVENTORY. Inventories are stated at the lower of cost or net realizable value with cost determined under the first-in-first-out (FIFO) cost method. Inventories consist of raw materials and supplies, work in process and finished goods. Costs to be capitalized as inventories primarily include third party manufacturing costs and other overhead costs. The Company began capitalizing inventories post FDA approval of Firdapse ® on November 28, 2018 as the related costs were expected to be recoverable through the commercialization of the product. Costs incurred prior to the FDA approval of Firdapse ® were recorded as research and development expenses in prior years’ consolidated statements of operations and comprehensive income (loss). If information becomes available that suggests that inventories may not be realizable, the Company may be required to expense a portion or all of the previously capitalized inventories. As of December 31, 2019 inventory consisted mainly of raw materials, work-in-process and finished goods. As of December 31, 2018, inventory consisted mainly of packaging and labeling costs. Products that have been approved by the FDA or other regulatory authorities, such as Firdapse ® ® The Company evaluates for potential excess inventory by analyzing current and future product demand relative to the remaining product shelf life. The Company builds demand forecasts by considering factors such as, but not limited to, overall market potential, market share, market acceptance, and patient usage. g. PREPAID EXPENSES AND OTHER CURRENT ASSETS. pre-clinical h. PROPERTY AND EQUIPMENT , NET . i. FAIR VALUE OF FINANCIAL INSTRUMENTS. j. FAIR VALUE MEASUREMENTS. Level 1 inputs utilize quoted prices (unadjusted) in active markets for identical assets or liabilities that the Company has the ability to access at the measurement date. Level 2 inputs are inputs other than quoted prices included in Level 1 that are observable for the asset or liability, either directly or indirectly. Level 2 inputs may include quoted prices for similar assets and liabilities in active markets, as well as inputs that are observable for the asset or liability (other than quoted prices), such as interest rates, foreign exchange rates, and yield curves that are observable at commonly quoted intervals. Level 3 inputs are unobservable inputs for the asset or liability, which are typically based on an entity’s own assumptions, as there is little, if any, related market activity. In instances where the determination of the fair value measurement is based on inputs from different levels of the fair value hierarchy, the level in the fair value hierarchy within which the entire fair value measurement falls is based on the lowest level input that is significant to the fair value measurement in its entirety. The Company’s assessment of the significance of a particular input to the fair value measurement in its entirety requires judgment, and considers factors specific to the asset or liability. Fair Value Measurements at Reporting Date Using Balances as of Quoted Prices in Assets/Liabilities (Level 1) Significant (Level 2) Significant Unobservable (Level 3) Cash and cash equivalents: Money market funds $ 23,963,617 $ 23,963,617 $ — $ — U.S. Treasuries $ 59,932,200 $ $ 59,932,200 $ Short-term investments : U.S. Treasuries $ 5,007,050 $ — $ 5,007,050 $ — Balances as of Quoted Prices in Assets/Liabilities Significant (Level 2) Significant (Level 3) Cash and cash equivalents: Money market funds $ 14,462,087 $ 14,462,087 $ — $ — Short-term investments: Short-term bond fund $ 26,541,349 $ 26,541,349 $ — $ — U.S. Treasuries $ 10,380,864 $ — $ 10,380,864 $ — Investments: U.S. Treasuries $ 5,008,243 $ — $ 5,008,243 $ — k OPERATING LEASES. right-of-use Operating lease ROU assets and operating lease liabilities are recognized based on the present value of the future minimum lease payments over the lease term at commencement date. As the Company’s leases do not provide an implicit rate, the Company uses its incremental borrowing rate based on the information available at commencement date in determining the present value of future payments. The operating lease ROU asset also includes any lease payments made and excludes lease incentives and initial direct costs incurred. The Company’s lease terms do not include options to extend or terminate the lease as it is not reasonably certain that it will exercise these options. Lease expense for minimum lease payments is recognized on a straight-line basis over the lease term. The Company has lease agreements with lease and non-lease l. REVENUE RECOGNITION. ® ® ® ® ® To determine revenue recognition for arrangements that are within the scope of Topic 606, the Company performs the following five steps: (i) identify the contract(s) with a customer, (ii) identify the performance obligations in the contract, (iii) determine the transaction price, (iv) allocate the transaction price to the performance obligations in the contract, and (v) recognize revenue when (or as) the entity satisfies a performance obligation. The Company only applies the five-step model to arrangements that meet the definition of a contract under Topic 606, including when it is probable that the Company will collect the consideration it is entitled to in exchange for the goods or services it transfers to the customer. At contract inception, once the contract is determined to be within the scope of Topic 606, the Company assesses the goods or services promised within each contract and determines those that are performance obligations and assesses whether each promised good or service is distinct. The Company then recognizes as revenue the amount of the transaction price that is allocated to the respective performance obligation when (or as) the performance obligation is satisfied. For a complete discussion of accounting for product revenue, see Product Revenue, Net below. The Company also may Product Revenue, Net: ® the ® The Company recognizes revenue on product sales when the Customer obtains control of the Company’s product, which occurs at a point in time (upon delivery). Product revenue is recorded net of applicable reserves for variable consideration, including discounts and allowances. The Company’s payment terms range between 15 and 30 days. Shipping and handling costs for product shipments occur prior to the customer obtaining control of the goods, and are recorded in cost of sales. If taxes should be collected from the Customer relating to product sales and remitted to governmental authorities, they will be excluded from revenue. The Company expenses incremental costs of obtaining a contract when incurred, if the expected amortization period of the asset that the Company would have recognized is one year or less. However, no such costs were incurred during the year ended December 31, 2019. As of December 31, 2019, all of the Company’s sales are to its Customer. Reserves for Variable Consideration: The amount of variable consideration which is included in the transaction price may be constrained, and is included in the net sales price only to the extent that it is probable that a significant reversal in the amount of the cumulative revenue recognized under the contract will not occur in a future period. The Company’s analyses also contemplated application of the constraint in accordance with the guidance, under which it determined a material reversal of revenue would not occur in a future period for the estimates detailed below as of December 31, 2019 and, therefore, the transaction price was not reduced further during the year ended December 31, 2019. Actual amounts of consideration ultimately received may differ from the Company’s estimates. If actual results in the future vary from the Company’s estimates, the Company will adjust these estimates, which would affect net product revenue and earnings in the period such variances become known. Trade Discounts and Allowances: ® cons o Funded Co-pay co-pay commercially-insured co-pay ® C Product Returns: Provider Chargebacks and Discounts: , Government Rebates: Bridge and Patient Assistance Programs: ® pre-established ® ® ® ® , by applicable law Revenues from Collaborative Arrangement: ® the Nonrefundable upfront license fees are recognized upon receipt as persuasive evidence of an arrangement exists, the price to the collaborator is fixed or determinable and collectability is reasonably assured. The collaborative agreement provides for a milestone payment upon achievement of development and regulatory events . The Company accounts for milestone payments in accordance with the provisions of Accounting Standards Update (ASU) No. 2010-17, Revenue Recognition – Milestone Method (“Milestone Method of Accounting”) . The Company recognizes consideration that is contingent upon the achievement of a milestone in its entirety as revenue in the period in which the milestone is achieved only if the milestone is substantive in its entirety. A milestone is considered substantive when it meets all of the following criteria: 1. The consideration is commensurate with either the entity’s performance to achieve the milestone or the enhancement of the value of the delivered item(s) as a result of a specific outcome resulting from the entity’s performance to achieve the milestone; 2. The consideration relates solely to past performance; and 3. The consideration is reasonable relative to all of the deliverables and payment terms within the arrangement. A milestone is defined as an event (i) that can only be achieved based in whole or in part on either the entity’s performance or on the occurrence of a specific outcome resulting from the entity’s performance, (ii) for which there is substantive uncertainty at the date the arrangement is entered into that the event will be achieved, and (iii) that would result in additional payments being due to the vendor. The Company believes that achievement of the milestone will be substantive and there will be no substantive uncertainty once the milestone is achieved. Since the Company will receive royalty reports 60 days after quarter end, royalty revenue from sales of collaboration products by our collaborators will be recognized in the quarter following the quarter in which the corresponding sales occurred. As of December 31, 2019 and 2018, there was no royalty revenue from sales of the collaborative product. Refer to Note 7 ( ) m. RESEARCH AND DEVELOPMENT. , n. STOCK-BASED COMPENSATION o. CONCENTRATION OF RISK. The financial instruments that potentially subject the Company to concentration of credit risk are cash equivalents (i.e., money market funds), investments and accounts receivable, net. The Company places its cash and cash The Company sells its product in the United States through an exclusive distributor (its Customer) to specialty pharmacies. Therefore, its distributor and specialty pharmacies account for all of its trade receivables and net product revenues. The creditworthiness of its Customer is continuously monitored, and the Company has internal policies regarding customer credit limits. The Company estimates an allowance for doubtful accounts primarily based on the credit worthiness of its Customer, historical payment patterns, aging of receivable balances and general economic conditions. The Company currently has a single product with limited commercial sales experience, which makes it difficult to evaluate its current business, predict its future prospects and forecast financial performance and growth. The Company has invested a significant portion of its efforts and financial resources in the development and commercialization of the lead product, Firdapse ® ® ® The Company relies exclusively on third parties to formulate and manufacture Firdapse ® and its drug candidates. The commercialization of Firdapse ® and any other drug candidates, if approved, could be stopped, delayed or made less profitable if those third parties fail to provide sufficient quantities of product or fail to do so at acceptable quality levels or prices. The Company does not intend to establish its own manufacturing facilities. The Company is using the same third-party contractors to manufacture, supply, store and distribute drug supplies for clinical trials and for the commercialization of Firdapse ® . If the Company is unable to continue its relationships with one or more of these third-party contractors, it could experience delays in the development or commercialization efforts as it locates and qualifies new manufacturers. The Company intends to rely on one or more third-party contractors to manufacture the commercial supply of its drugs. p. ROYALTIES. with ( ) q. INCOME TAXES The Company recognizes the financial statement benefit of a tax position only after determining that the relevant tax authority would more likely than not sustain the position following an audit. For tax positions meeting the more-likely-than-not 2016 On December 22, 2017, the U.S. government enacted comprehensive tax legislation commonly referred to as the Tax Cuts and Jobs Act (the “Tax Act”). The Tax Act makes broad and complex changes to the U.S. tax code, including, but not limited to : one-time r. COMPREHENSIVE INCOME (LOSS). available-for-sale s. NET INCOME (LOSS) PER COMMON SHARE Diluted net income ( ) ( ) The following table reconciles basic and diluted weighted average common shares: For the Years Ended 2019 2018 Basic weighted average common shares outstanding 102,944,316 102,633,884 Effect of dilutive securities: Common stock issuable upon the exercise of stock options 3,076,620 — Diluted weighted average common shares outstanding 106,020,936 102,633,884 Outstanding common stock equivalents totaling approximately 4.6 million, were excluded from the calculation of diluted net income (loss) per common share for the year ended December 31, 2019 as their effect would be anti-dilutive. For the year ended December 31, 2018, approximately 10.5 million shares of outstanding stock options were excluded from the calculation of diluted net loss per common share because a net loss was reported in this period and therefore their effect was anti-dilutive. Potentially dilutive options to purchase common stock as of December 31, 2019 had exercise prices ranging from $0.79 to $4.20. Potentially dilutive options to purchase common stock as of December 31, 2018 had exercise prices ranging from $0.79 to $4.64. t. SEGMENT INFORMATION. u. RECLASSIFICATIONS. v. RECENTLY ISSUED ACCOUNTING STANDARDS. No. 2016-02, No. 2016-02 2016-02 right-of-use ( O L ases) In June 2018, the FASB issued ASU No. 2018-07, No. 2018-07 2018-07 In June 2016, the FASB issued ASU No. 2016-13, available-for-sale adopted The adoption of this standard did not have a material impact on the Company’s consolidated financial statements |