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Barbara L. Borden on Muck Rack

Barbara L. Borden

As seen in: JD Supra, Lexology, Mondaq, HLS Forum on Corporate Governance
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Articles

Cooley’s 2024 Activism Year in Review: Activists Ascendent | JD Supra

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By Katie Benvenuti, Barbara L. Borden, Kevin Cooper
| JD Supra
2024 was a prolific year for activists, with 243 campaigns launched globally – the highest number since 2018. US activity was up modestly, and a busy year in Asia offset a quieter year in Europe. With the 2025 proxy season in full swing, let’s take a fresh look at the landscape. Technology remains the top target – Similar to levels in 2023, the top sectors targeted by activists in 2024 were technology (24%), healthcare (13%), industrials (18%), and communication and media (13%).
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Cooley’s 2024 Life Sciences M&A Year in Review: M&A Slims Down in 2024, but Will Appetites Grow in 2025? | JD Supra

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By Barbara L. Borden, Kevin Cooper, Jeremy Morrison
| JD Supra
With every new year comes reflection and resolutions. But as we go to press well into January, it is worth a reminder that studies show nearly 90% of New Year’s resolutions will have already failed by the end of the month. Fortunately, for those with the ever common resolution to slim down, the life sciences sector offers inspiration. Unlike in 2023, when a Q4 dealmaking binge over the holidays led to the sector outperforming the market, life sciences M&A cut down and stuck with it throughout 2024.
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Learning Old Lessons From Recent Life Sciences Earnout Disputes: Above All Else, Words Matter | JD Supra

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By Barbara L. Borden, Jenna Miller Verified
| JD Supra
There’s an old saying – “Sticks and stones may break my bones, but words will never hurt me.” While this mantra may help bruised egos on the playground, it’s of no use in M&A disputes. Three recent Delaware Court of Chancery rulings on earnout disputes demonstrate that the contractual post-closing obligations of the buyer (along with specific facts) may be outcome determinative in earnout litigation. In both Fortis v. Johnson & Johnson (Del. Ch., September 2024) and SRS v.
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