Corporate Litigation: ‘Akorn v. Fresenius’: A Rare Decision Finding ‘Material Adverse Effect’
In their monthly Corporate Litigation column published in the New York Law Journal, Litigation Partner Joe McLaughlin and Associate Shannon McGovern discuss Akorn v. Fresenius Kabi AG, which has drawn considerable interest as the first Delaware law decision finding a Material Adverse Effect (MAE) warranting a buyer’s exercise of merger termination rights.