The Delaware Supreme Court has clarified important aspects of Delaware law in the context of an earnout dispute that the Delaware Chancery Court decided in favor of the sellers in 2024. We analyzed the Chancery Court’s decision in a prior Legal Update. In Johnson & Johnson v. Fortis Advisors LLC,1 the Delaware Supreme Court affirmed most of the Chancery Court’s rulings, but reversed in part, providing important guidance on (1) the interpretation of commercially reasonable efforts standards in…
By: Mayer Brown
By: Mayer Brown
