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Delaware Supreme Court Affirms Landmark MAE Ruling

The Delaware Supreme Court upholds a lower court's decision to allow Fresenius to sever its merger agreement with Akorn. On December 7, 2018, the Delaware Supreme Court unanimously affirmed Vice Chancellor Travis Laster's...more

Delaware Chancery Court Finally Finds an MAE

The Situation: In a significant decision, a Delaware court found that a target company has suffered a material adverse effect ("MAE"), allowing a would-be buyer to abandon an announced merger. The Case: In Akorn, Inc. v....more

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