In a matter before the Permanent Court of Arbitration, a CRA expert was retained on behalf of a television broadcast company regarding a breach of investor-state treaty. The expert’s report evaluated the claimant’s market value after performing an analysis of comparable companies and transactions. The report also addressed the calculation of pre-award interest.
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...