Delaware Law Alert: Chancery Court Applies Conditional Probability to Calculate Damages in Earnout Dispute
JD Supra: Mergers
JUNE 25, 2025
The case arose from Alexion Pharmaceuticals, Inc.’s s 2018 acquisition of Syntimmune, Inc. A recent Delaware Chancery Court opinion offers a significant example of how courts may apply complex probability analysis to determine the amount of damages in an earnout dispute.
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