Law 360 M&A

APRIL 24, 2024

mapped out a framework for courts to consider mootness fees paid to individual shareholders after the voluntary dismissal of a challenge to a public company merger, which could encourage objections to mootness fees and reduce the number of frivolous merger challenges filed, say attorneys at Skadden.

94

94

Reynolds Holding

MAY 2, 2024

Akorn Inc., 1 mapped out one means by which a court may evaluate mootness fees paid to individual shareholders after the voluntary dismissal of an action challenging a public company merger. The District Court Proceedings This case arises from Akorn’s announcement that it had agreed to be acquired by Fresenius Kabi AG.

Compliance 45

Compliance 45

Cooley M&A

OCTOBER 29, 2018

In its decision in Akorn, Inc. In reaching these holdings, the court found that: the target’s business experienced a “dramatic, unexpected and company-specific downturn” shortly after signing due in part to “serious and pervasive data integrity problems” that adversely impacted the target’s regulatory compliance.

Compliance 52

Compliance EBITDA Specific Risk Marketability 52

Cooley M&A

JANUARY 24, 2020

Be prepared for regulatory review of any tech deal – regardless of how a company may currently define the relevant competitive market. While In re Trulia, Inc. The overwhelming majority of these cases are resolved pre-close, with the target company filing supplemental disclosures with the SEC. Key takeaway? Data Privacy.

Compliance 40

Compliance Technology Marketability 40

Cooley M&A

MAY 11, 2020

Residential rental companies Front Yard Residential and Amherst Residential mutually agreed to terminate their planned $2.3 Acquisition agreements typically require the target company to operate in the ordinary course of business in all material respects and to refrain from taking certain specified actions between signing and closing.

Finance 40

Finance Start-ups Marketability Debt Financing 40