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Case Spotlight: Akorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL (Del. Ch. May 22, 2018) (Laster, V.C.)
Plaintiff brought this suit to compel specific performance of a merger agreement with defendants. Defendants refused to close on the deal after receiving anonymous letters containing data integrity allegations involving Akorn’s executive vice president who was in charge of its quality assurance department. Initially, the parties entered into a common interest agreement and jointly conducted an internal investigation. Over time, that arrangement fell apart and both parties conducted parallel investigations through their outside counsel with the assistance of consultants. Plaintiff filed a motion to compel production of materials concerning defendants’ data integrity issues. More ›