Timothy J. Dennin, P.C., has been retained to provide written opinion to a pharmaceutical company based in India regarding potential exposure in connection with the contemplated acquisition of a publicly traded U.S. company that was a defendant in a federal securities class action. The federal securities claims were based upon, among other things, alleged improper recognition of revenue in violation of generally accepted accounting principles (GAAP) and alleged overstatement of trade receivables.
We were retained to analyze the potential exposure of the federal class action to the foreign-based acquiring company if the company proceeded with the contemplated acquisition.
We provided a written opinion relating to the likelihood of success, including whether the claims met the requisite standards of reliance and loss causation under 10b-5 of the federal securities law, as well as a comparison of the performance of the stock to the industry sector during the class period and issues relating to directors and officers liability (D&O) insurance coverage. Thereafter, the acquiring company went forward with the contemplated acquisition.
Providing Legal Advice To Foreign-Based Companies Concerning Potential Exposure In Acquisition Of US Publicly Traded Companies
Due to our depth of experience and knowledge of the attorneys in the field of securities class actions (including the plaintiffs and defense bar), Timothy J. Dennin, P.C., is uniquely able to provide unbiased and informed advice to domestic and international companies contemplating an acquisition of a U.S. publicly traded company that is a defendant in a litigation involving alleged violations of the securities laws.