There must be some kind of end of summer clearance sale for earnout litigation going on in Delaware, because over the past month or so, the Chancery Court has addressed earnout issues on no fewer than four occasions. The Court’s latest earnout decision is Shareholder Representative Services v. Alexion Pharmaceuticals, (Del. Ch. 9/24), which arose out of […]
Earnouts: “Outward Facing” Efforts Clause Snares Buyer