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Key Takeaways from Akorn v. Fresenius

In Akorn v. Fresenius, the Delaware Court of Chancery determined that Fresenius validly terminated its agreement to acquire Akorn on the grounds of a material adverse change affecting Akorn’s business. Steve Gulotta discusses the significance of the decision and shares key takeaways.

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Author

Stephen J. Gulotta, Jr.

Member / Managing Member, New York Office & Chair, New York Corporate Practice

Stephen J. Gulotta is a corporate attorney who handles mergers and acquisitions and private equity matters at Mintz. Steve's clients include public and private companies in the financial services, health care, technology, manufacturing, and retail industries. He also advises investment banks.