In a matter before the AAA, CRA experts were retained on behalf of a healthcare group regarding a breach of contract dispute. The expert’s report and testimony addressed material flaws in a series of adjustments applied to respondent’s calculation of earnings before interest, taxes, depreciation, and amortization. CRA also identified flaws in the damages analysis of respondent’s expert including the reliance on transactions that were not comparable.
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...