The recent decision of the Delaware Court of Chancery in Akorn, Inc. v. Fresenius Kabi AG et. al is the first time a Delaware court has found a material adverse effect in the M&A context, and reinforces current Delaware law...more
10/11/2018
/ Acquisitions ,
Breach of Contract ,
Buyers ,
Contract Termination ,
Contract Terms ,
Due Diligence ,
Food and Drug Administration (FDA) ,
Material Adverse Effects ,
Merger Agreements ,
Mergers ,
Pharmaceutical Industry ,
Remedies ,
Representations and Warranties ,
Sellers
Representation and warranty insurance (R&WI) has become an integral component of the M&A landscape and is here to stay. The data speaks for itself: in 2014, more than 700 U.S. R&WI policies were issued, which was double the...more
8/19/2015
/ Acquisitions ,
Buyers ,
Commercial Insurance Policies ,
Escrow Accounts ,
Indemnification ,
Indemnification Clauses ,
Mergers ,
Representations and Warranties ,
Risk Allocation ,
Scope of Coverage ,
Sellers ,
Underwriting