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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


AbbVie Files BPCIA Suit Against Boehringer Ingelheim Over Humira (Adalimumab)
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • August 16 2017

Recently, AbbVie, Inc. and AbbVie Biotechnology, LTD (collectively “AbbVie” or “Plaintiffs”) filed a Complaint in the United States District Court


JPML Refuses MDL for Proton Pump Inhibitor Kidney Injury Cases
  • Reed Smith LLP
  • USA
  • March 7 2017

A Multidistrict Litigation (MDL) can be a sound way of managing a mass tort. Efficiencies are available (e.g., deposing company witnesses only once)


Preamble Expressing the Intended Result of a Method of Treatment Is Not Limiting
  • McDermott Will & Emery
  • USA
  • November 11 2016

In construing a claim involving a method for treating obesity, the US District Court for the District of Delaware determined that a phrase in the