Peter Rankin and Andrew Tepperman wrote an article entitled “Avoiding Windfalls: The Basic Economics of Prejudgment Interest,” which appeared in the July-September 2013 issue of Corporate Disputes, a Financier Worldwide online magazine. In the article, they discuss translating a damages award for conduct that occurred in the past into present-day value.
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...