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Strategies to Accelerate Divestitures: A Road Map to Streamlining the Process While Reducing Risk

USA - September 17 2020 Divestment activity is poised to increase over previous years as COVID-19 economic conditions put pressure on companies to rebalance operating…

Bomi Lee, Ora Grinberg.

Considerations in Adopting Poison Pills in the COVID-19 Environment

USA - April 13 2020 ​​ Market volatility arising from the COVID-19 pandemic may lead to increased hostile takeover activity and shareholder activism as some companies…

David K. Michaels, Ethan A. Skerry.

Coronavirus Impact on M&A and Other Strategic Corporate Transactions

USA - March 13 2020 ​​The myriad and rapidly evolving impacts of COVID-19, the disease caused by the novel coronavirus, are being felt across society—in the…

Bomi Lee.

Delaware Reaffirms High Bar for Establishing a Material Adverse Effect

USA - December 23 2019 In the first case following Akorn v. Fresenius to rule on a party’s entitlement to terminate a merger agreement on the basis of a material adverse…

Stephen M. Fisher, Victoria A. Lupu.

Akorn v. Fresenius: Important Practical Lessons from First-Ever Material Adverse Effect

USA - October 24 2018 On October 1, in Akorn v. Fresenius Kabi, the Delaware Court of Chancery for the first time found that a material adverse effect — or MAE — had…

Ken S. Myers, Stephen M. Fisher.