The Challenges Of Valuing Litigation-Driven Equities

Law360 (August 30, 2018, 12:34 PM EDT) -- Many eyes are on the Delaware Court of Chancery to see whether it will compel Fresenius SE to close on a $4.5 billion acquisition of generic drugmaker Akorn Inc. Fresenius terminated the merger agreement in April 2018 and Akorn sued immediately. The parties engaged in expedited discovery, went to trial in July, and completed post-trial briefing last week.

Fresenius argues it can break the deal because Akorn breached its obligations to comply with U.S. Food and Drug Administration regulations and that a "material adverse effect" exists. Akorn says that Fresenius developed a strategy to prod the FDA into launching investigations of...

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