Yesterday, the Delaware Chancery Court issued its post-trial memorandum opinion in Fortis Advisors v. Johnson & Johnson (Del. Ch.; 9/24) finding that J&J violated its earnout obligations in the merger agreement to acquire Auris Health. As John blogged at the motion to dismiss stage, the Chancery Court hears a lot of earnout cases, but very few have financial stakes […]
Earnouts: High Stakes ‘Robot Wars’ Not Permitted by Efforts Provision