WELCOME TO THE ROPES RECAP OF THE FOURTH QUARTER OF 2018
AS IT TURNS OUT, the most notable case of the fourth quarter of 2018, was reported in our third quarter report. Akorn v. Fresenius actually came down on the first day of the fourth quarter, which allowed us time to report on it in our third quarter Ropes Recap, available here. Later in the fourth quarter, the Delaware Supreme Court upheld the decision, but no other court decision has been issued that has been as groundbreaking. That said, as interesting and noteworthy as Akorn v. Fresenius is, its direct impact on deal-making is somewhat limited, given the highly fact-intensive analysis the court went through. However, during the fourth quarter of 2018, there actually were a handful of cases that we believe can and will have a more lasting impact on M&A deals generally, and those cases are what we’ve highlighted in our final Ropes Recap for 2018.