News & Analysis as of August 20, 2025

Commercially Reasonable Efforts

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Earnouts in M&A Transactions: Recent Decisions From Delaware

Jones Day on 4/3/2025

In 2024, Delaware courts issued multiple instructive decisions on earnout provisions in life sciences M&A transactions. ...more

Navigating and Litigating 'Commercially Reasonable Efforts' Provisions: Considerations and Strategies for Tech & Life Sciences...

Fenwick & West LLP on 3/27/2025

Commercially reasonable efforts (CRE) provisions are a common feature in technology and life sciences agreements, particularly in development collaborations, licensing deals, and milestone-based contracts. ...more

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Dispute Resolution › Pharmaceutical Industry › Commercially Reasonable Efforts

Earnouts in M&A Transactions: Recent Decisions From Delaware

Navigating and Litigating 'Commercially Reasonable Efforts' Provisions: Considerations and Strategies for Tech & Life Sciences...

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