Acquisitions in the life sciences industry very often involve developing and not-fully proven pharmaceutical products and medical devices. In such situations, the acquisition agreement often seeks to bridge a valuation gap by incorporating milestone, or earn-out, provisions, typically coupled with an obligation on the buyer to use "commercially reasonable efforts," or something similar. Those clauses, and "material adverse effect" provisions, are frequently the source of litigation.
During this webinar, our attorneys addressed recent litigation regarding these provisions and discussed some considerations when drafting the acquisition agreement.
Webinar Series Information
Counsel and compliance professionals at life sciences companies must be prepared to identify, assess and mitigate the potential risks to their businesses stemming from surging whistleblower activity and aggressive governmental investigations and private securities litigation.
Securities Enforcement and Disputes in the Life Sciences Industry is a five-part webinar series led by a team of Arnold & Porter attorneys comprised of former SEC, DOJ, and other seasoned litigators with decades of experience handling life sciences-related securities enforcement and disputes. The series is designed for life sciences company counsel and compliance professionals at all levels, equipping attendees with the tools needed to manage critical issues that arise in securities enforcement and litigation. Each webinar is self-contained and stands alone; those interested can attend one, some, or all sessions as they like. Detailed information on the forthcoming webinars is linked below.
Thursday, May 5, 2019
» Securities Litigation Exposure for Life Science
Companies
Wednesday, June 19, 2019
»Tired of Securities Enforcement Actions Targeting the Life
Sciences Industry?
Wednesday, November 6, 2019
» Handling Concurrent Governmental Investigations, Internal
Investigations and Private Securities Litigation
Wednesday, November 13, 2019
» Ethics Considerations When Interacting With Current and
Former Employees During Investigations and Litigation
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.