A recent posttrial decision from Delaware regarding an alleged breach of a capitalization representation in a merger agreement is noteworthy. The decision establishes that a party is within its rights to back out of a deal...more
Prior to the Delaware Court of Chancery’s opinion in Akorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL, 2018 WL 4719347 (Del. Ch. Oct. 1, 2018), aff’d 198 A.3d 724 (Del. 2018), no Delaware court had found the existence...more
A year after Akorn v. Fresenius (Akorn case), the first Delaware case holding that a party was entitled to terminate a merger agreement based on a material adverse effect (MAE), the Delaware Court of Chancery, in Channel...more
1/9/2020
/ Boston Scientific ,
Breach of Contract ,
Buying a Business ,
Commercially Reasonable Efforts ,
Contract Drafting ,
Contract Negotiations ,
Contract Termination ,
Corporate Sales Transactions ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Fraud ,
Fresenius ,
Material Adverse Effects ,
Merger Agreements ,
Pharmaceutical Industry ,
Representations and Warranties ,
Threshold Requirements