Goodwin’s recent client alert – “A First: Delaware Court of Chancery Holds that Merger Target Suffered Material Adverse Effect” – discussed the Court of Chancery’s finding, in Akorn Inc. v. Fresenius Kabi AG, et al., that a...more
On October 1, 2018, the Delaware Court of Chancery, in Akorn, Inc. v. Fresenius Kabi AG, et al., held for the first time that a target company had suffered a material adverse effect (MAE) sufficient for an acquiror to validly...more