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Results:1-10 of 262

Delaware Chancery Court finds material adverse effect in groundbreaking opinion
  • Reed Smith LLP
  • USA
  • October 24 2018

The Delaware Court of Chancery ruled in an October 1, 2018, post-trial opinion that a buyer could terminate the parties’ merger agreement due to a


Akorn v. Fresenius: Important Practical Lessons from First-Ever Material Adverse Effect
  • Fenwick & West LLP
  • 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


Insights: Publications DE Chancery Court Finds Material Adverse Effect Allowed Fresenius to Terminate Merger Agreement with Akorn
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • October 22 2018

Summary: A perfect storm of facts in Akorn, Inc. v. Fresenius Kabi AG et al. allowed the Delaware Chancery Court to conclude that Fresenius could


A Delaware First: Chancery Court Upholds Termination of Merger Based on MAE
  • Cozen O'Connor
  • USA
  • October 10 2018

On October 1, 2018, in Akorn, Inc. v. Fresenius Kabi AG, the Delaware Court of Chancery held for the first time that a buyer had validly terminated a


Delaware Court Finds “Material Adverse Effect” Allows Buyer to Terminate Merger Agreement
  • Mintz
  • USA
  • October 3 2018

In a 246-page opinion issued on October 1, 2018, the Delaware Court of Chancery ruled that German pharmaceutical company Fresenius Kabi AG validly


Delaware Court of Chancery Issues Unprecedented Material Adverse Effect Ruling
  • Pepper Hamilton LLP
  • USA
  • October 3 2018

In a first-of-its-kind post-trial opinion, the Court of Chancery ruled on October 1 in Akorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL, that


Endo Pharmaceuticals Solutions v. Custopharm Inc.
  • Knobbe Martens
  • USA
  • July 16 2018

A prior art reference does not inherently disclose the elements of a claim limitation if the prior art describes the performance of the elements but


Board’s Failure to Adhere to Best Practices in Drug Clinical Trial Does Not Excuse Stockholder Demand as Futile
  • K&L Gates
  • USA
  • March 26 2018

In Wilkin v. Narachi, et al., and Orexigen Therapeutics, Inc., Civil Action No. 12412-VCMR (Del. Ch. February 28, 2018), the Delaware Court of


Inside the Courts - An Update From Skadden Securities Litigators
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • November 5 2017

Judge Patti B. Saris denied the Bank of New York Mellon’s (BNY Mellon) motion to strike putative class representative Ashby Henderson. BNY Mellon


Inside the Courts - An Update From Skadden Securities Litigators
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • September 27 2017

The U.S. Supreme Court resolved a circuit split by deciding that the three-year limit for filing lawsuits under Section 13 of the Securities Act is a