Express Scripts Can Keep Lawyers, Says Judge

Law360, New York (January 25, 2007, 12:00 AM EST) -- A judge has ruled Express Scripts can keep its legal counsel during its $26 billion takeover battle for retail pharmacy giant Caremark, despite claims the firm is breaching a confidentiality agreement.

Delaware Chancery Court judge William Chandler ruled Thursday disqualification was no remedy in this case, but stopped short of declaring the firm, Skadden, Arps, Slate, Meagher & Flom LLP, had no conflict of interest.

“Failing to notify opposing counsel of a perceived conflict does not bespeak of a particular concern with the importance of confidential...
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