The Fiscal Year 2024 National Defense Authorization Act (“FY2024 NDAA”) continues the national security imperative to enhance the country’s scientific and technological developments and to adopt emerging technologies and...more
1/11/2024
/ Artificial Intelligence ,
Cyber Attacks ,
Cybersecurity ,
Dodd-Frank ,
Federal Contractors ,
Innovation ,
Intellectual Property Protection ,
Investment ,
Investors ,
National Security ,
NDAA ,
Semiconductors ,
Supply Chain ,
Technology Sector
TL/DR: For participation in the SBIR and STTR programs, agencies now have a standard set of questions to ask small business concerns about their foreign investments and affiliations. Companies can use the questions to prepare...more
In the first case following Akorn v. Fresenius to rule on a party’s entitlement to terminate a merger agreement on the basis of a material adverse effect (MAE), the Delaware Court of Chancery ordered Boston Scientific...more
12/24/2019
/ Acquisitions ,
Breach of Contract ,
Contract Termination ,
Due Diligence ,
Food and Drug Administration (FDA) ,
Material Adverse Effects ,
Merger Agreements ,
Mergers ,
Pharmaceutical Industry ,
Popular ,
Remedies
On October 1, in Akorn v. Fresenius Kabi, the Delaware Court of Chancery for the first time found that a material adverse effect — or MAE — had occurred in a merger transaction, which, combined with other breaches of the...more
10/25/2018
/ Acquisitions ,
Breach of Contract ,
Buyers ,
Confidentiality Agreements ,
Contract Negotiations ,
Contract Termination ,
Contract Terms ,
Food and Drug Administration (FDA) ,
Hell or High Water Clauses ,
Material Adverse Effects ,
Merger Agreements ,
Mergers ,
Ordinary Course of Business Defense ,
Pharmaceutical Industry ,
Representations and Warranties ,
Sandbagging ,
Sellers