CRA was retained in an international arbitration between two Japanese affiliates of multinational pharmaceutical companies. The dispute concerned Respondent’s performance under a co-promotion agreement. CRA’s team of life sciences consultants assessed indicators of commercially reasonable efforts using various industry data sources. The CRA team also quantified Claimant’s loss resulting from the alleged inadequate performance under the agreement, and responded to Respondent’s expert regarding damages alleged by Respondent.
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...