The Delaware Supreme Court’s Jan. 12, 2026, decision in Johnson & Johnson v. Fortis Advisors provides important insights for buyers who use earnouts in structuring their acquisitions, a common approach in life sciences M&A. In this case, the court provided guidance on the scope of “commercially reasonable efforts” obligations and certain limitations thereon.
Read the full article: Lessons for Life Sciences Dealmakers: Earnout Language Controls, Efforts Agreements Have Teeth, Court Says //
Source: https://www.mcguirewoods.com/client-resources/alerts/2026/2/lessons-for-life-sciences-dealmakers-earnout-language-controls-efforts-agreements-have-teeth-court-says/