UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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): February 27, 2013
 
mPHASE TECHNOLOGIES, INC.
(Exact Name of Registrant as Specified in Charter)
 

New Jersey
 
000-24969
 
22-2287503
(State or Other Jurisdiction of
 
(Commission File Number)
 
(IRS Employer
 Identification No.)
     
Incorporation)
         

587 Connecticut Ave., Norwalk, CT 06854-0566
(Address of Principal Executive Offices) (ZIP Code)
 
Registrant's telephone number, including area code: (203) 838-2741
 
 

 
 
Item 8.01 Other Events
 
On February 26, 2013,  mPhase Technologies, Inc. (the “Company”) filed its Answer to a lawsuit filed by John Fife against the Company in the U.S. District Court , Northern District of Illinois Eastern Division. The lawsuit alleges events of default by the Company under the terms of a Convertible Debenture in the original amount of $557,500 issued by the Company  to a company owned by Mr. Fife on September 13, 2011.
 
In the Answer the Company has asserted various affirmative defenses and counterclaims against Mr. Fife, including but not limited to claims for significant monetary damages caused to the Company’s common stock as the result of the failure to disclose a prior Consent Decree entered into between Mr. Fife and the Securities and Exchange Commission. The Company is not able to predict the outcome of such  litigation but intends to pursue all of its rights and remedies vigorously under the Federal Securities Laws.
 
 
 
 

 
 
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 hereunto duly authorized.
 
 
 mPHASE TECHNOLOGIES
   
   
By:   
/s/ Martin S. Smiley
 
      Martin S. Smiley
 
      Executive Vice President,
 
      Chief Financial Officer and
 
      General Counsel
 

 
Date: February 27, 2013