CRA Life Sciences practice head Greg Bell testified at an arbitration hearing concerning the alleged breach of an agreement to commercialize a medical dermatology product. At issue was whether the respondent, a major pharmaceutical company, had used commercially reasonable efforts in its launch and commercialization of the product and its eventual decision to divest the product to another company. Dr. Bell considered the respondent’s promotional efforts and other actions against several relevant benchmarks, concluding that commercially reasonable efforts were exercised. In addition, Dr. Bell addressed the damages assessment proffered by claimant’s expert, with a focus on critiquing the expert’s use of a limited selection of sales projections to serve as the basis for damages.
Were shareholders harmed by Senate Bill 21’s amendments to the Delaware General Corporation Law?
Delaware Governor Meyer signed into law Senate Bill 21 (SB21) in March 2025, updating Delaware’s corporate law, with some of the key provisions including safe...