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Expectation Damages License Agreements

Cooley LLP

Blog: Agreements to Agree can be Broken: Negotiating Letters of Intent

Cooley LLP on

On December 23, 2015, the Delaware Supreme Court held that SIGA Technologies, Inc. cannot avoid paying $113 million in expectation damages (plus interest) to PharmAthene, Inc. for breaching an express agreement to negotiate a...more

Bilzin Sumberg

Caveat Emptor: Non-compliance with a Non-Binding Term Sheet Results in $195 Million Judgment

Bilzin Sumberg on

On December 23, 2015, the Delaware Supreme Court affirmed the Delaware Chancery Court’s award of $195 million to PharmAthene, Inc. (“PharmAthene”) as compensation for lost profits (a/k/a expectation damages) on account of the...more

K&L Gates LLP

The Delaware Chancery Court Awards Lump-Sum Expectation Damages, Including Interest and Attorneys Fees, in the Amount of...

K&L Gates LLP on

This Legal Insight updates our Legal Insight dated June 25, 2013, regarding the Delaware Chancery Court case captioned PharmAthene, Inc. v. SIGA Technologies, Inc., Civ. Action No. 2627-VCP, in which K&L Gates LLP serves as...more

Mintz

When a Non-binding Term Sheet Becomes Binding

Mintz on

Tire-kickers, prevaricators and those who might otherwise agree on a term sheet with little intention of closing the deal beware: A “non-binding” term sheet is sometimes binding....more

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