News & Analysis as of

Pharmaceutical Industry Best Efforts Clauses

Stinson - Corporate & Securities Law Blog

Chancery Describes Commercially Reasonable Efforts

Akorn, Inc., v. Fresenius Kabi AG et al will undoubtedly become known as the first case where a Delaware court found a material adverse effect, or MAC (often referred to as a material adverse effect, or MAE), to exist....more

McDermott Will & Emery

Inside M&A - Summer 2014

McDermott Will & Emery on

“Commercially Reasonable Efforts” Diligence Obligations in Life Science M&A" - More than 80 percent of all deals in the pharmaceutical, medical device and biotech industries include an earnout structure that provides...more

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