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Clients with major transactions routinely face shareholder and other litigation seeking to block or enforce a deal. As experienced and business-savvy litigators, we are able to fend off many such cases, often breaking new legal ground in the process.

 

The American Lawyer Names Lew Clayton “Litigator of the Week”

Litigation partner Lew Clayton was named “Litigator of the Week” by The American Lawyer following a victory by Lew and litigation partners Andrew Gordon, Susanna Buergel and Moses Silverman in a seminal M&A case on behalf of Paul, Weiss client Fresenius SE & Co. In October, the Delaware Court of Chancery issued a landmark ruling – the first to find a material adverse event in an acquisition – determining that Fresenius was justified in terminating its $4.75 billion merger agreement with Akorn Inc. It followed 11 weeks of highly expedited pre-trial discovery and five days of trial in July.

In a Q&A with The American Lawyer, Lew noted that the case involved huge stakes for the client. “Fresenius Kabi had contracted to purchase Akorn for $34 a share. Akorn is now trading at less than $5 a share, a difference of over $3 billion,” he said.

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December 14, 2018

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