Shannon Zollo Comments on Proposed Aetna-CVS Deal in The National Law Journal Article

Corporate partner Shannon Zollo commented on the legal scrutiny facing CVS Health and Aetna's planned merger in The National Law Journal's article "Lawyers Say Fed. Regulators Likely Will Closely Scrutinize Aetna-CVS Deal." In regards to the proposed merger, which would be a large consolidation within the healthcare industry, Shannon notes that:   It's logical to anticipate …

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7th Circuit Rejects Fee Only Settlement

Ruling that the value of certain supplemental transaction disclosures in the context of a $15 billion merger was “nil,” the Seventh Circuit Court of Appeals recently overturned an award of attorneys’ fees to plaintiffs’ counsel in the context of merger litigation.  On August 10, 2016, in the case In Re: Walgreen Co. Stockholder Litigation, case …

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Attorneys’ Fee Request Denied in Context of Merger Litigation

On July 22nd, 2016, a Delaware Chancery Court judge denied a request for an award of attorneys' fees and expenses in connection with Keurig Green Mountain Inc. shareholder litigation. The judge, Chancellor Andrew G. Bouchard, has taken a strong position against granting significant fee awards in the context of disclosure-only settlements in shareholder litigation. For more …

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Blue Stream Laboratories Acquired by Charles River Laboratories

MBBP client Blue Stream Laboratories, an analytical contract research organization supporting the development of complex biologics and biosimilars, was acquired by Charles River Laboratories. Charles River Laboratories is a provider of essential products and services to help pharmaceutical and biotechnology companies, government agencies and leading academic institutions around the globe accelerate their research and drug development efforts. …

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Is there an Exit at the End of Your Rainbow?

There was green alligators and long-neck geese. There was humpy bumpy camels and chimpanzees. There was catsandratsandelephants, but sure as you're born the lovliest of all was the Unicorn.  - from “The Unicorn” by Shel Silverstein Today I am reminded of “The Unicorn,” by Shel Silverstein and popularized in song in the ’60s by The …

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MBBP Publishes February M&A Today Newsletter

Hot off the press! Articles include: Tips for Enforcing Indemnification Provisions Permanent Exclusion of Gain on Sales of Qualified Small Business Stock IP Due Diligence: Patentability vs. Patent Infringement Get more info on our M&A blog or read the full newsletter.  

Does a Reverse Triangular Merger Constitute An Assignment by Operation of Law?

By: Joe Marrow In a Delaware Court of Chancery decision dated February 22, 2013, Vice Chancellor Parsons held that a reverse triangular merger does not constitute an assignment by operation of law under Delaware law.  The decision, Meso Scale Diagnostics, LLC v. Roche Diagnostics GMBH, C.A. No. 5589-VCP (Del. Ch. 2013) helped to clarify some …

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