Mylan Defeats Preliminary Injunction Motion Brought by Perrigo

On October 29, 2015, Cravath prevailed for Mylan N.V. in a lawsuit filed by Perrigo Company plc challenging statements Mylan made in conjunction with its offer to acquire Perrigo in a transaction valued at approximately $27 billion. Judge Naomi Reice Buchwald of the U.S. District Court for the Southern District of New York denied Perrigo’s motion for a preliminary injunction.

Perrigo was seeking injunctive relief for alleged violations of Section 14(e) of the Securities Exchange Act of 1934 concerning disclosures in Mylan’s offering materials.

The Court found that Mylan provided appropriate public disclosures regarding both the synergies expected to be achieved from the proposed acquisition and its intention to de‑list Perrigo from public stock exchanges as soon as practicable following the consummation of the offer.

The Cravath team included partners Kevin J. Orsini and Omid H. Nasab and associates Lauren M. Rosenberg, Michael P. Addis, Rachel M. Fritzler, Justin C. Clarke, Alexander Rodney, John I. Karin and Winnifred A. Lewis. Peter H. Fountain and Alyssa M. Pompei also worked on this matter.