CRA was retained by counsel to the claimant in an arbitration caused by defective equipment. The claimant had acquired purportedly more efficient equipment that is necessary for downstream processing of extracted lithium. Such equipment was defective, leading to lost profits and out-of-pocket costs beyond the acquisition price. After multiple expert reports, this dispute was settled on favorable terms.
Earnouts in M&A: Risk allocation, incentives, and post-closing disputes
He examines a recent Delaware Supreme Court case between Johnson & Johnson and Auris Health, Inc., illustrating how courts would uphold the negotiated terms of...