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Bankruptcy & Securities Litigation

We combine industry expertise with financial, economic, and statistical analysis to advise acquirers, targets, fiduciaries, shareholders, companies, and regulators involved in bankruptcy and securities litigation. In the context of healthcare and life sciences, Brattle values private and public healthcare companies, biopharmaceutical firms, and drug portfolios, including drugs under development. We also quantify how accounting disclosures, business or contract disputes, and generic or biosimilar entry have economically impacted the related companies.

Engagements
REPRESENTATIVE ENGAGEMENTS

Below is a list of representative engagements for our Bankruptcy & Securities Litigation practice.

Damages arising from alleged non-disclosure of regulatory pricing restrictions

In Meda AB v. 3M Co., et al., Brattle worked on behalf of 3M, which had allegedly failed to disclose a regulatory pricing restriction when it sold off its pharmaceutical division Our experts prepared testimony that quantified the damages resulting from this non-disclosure. Using historical drug pricing data and publicly available policy documents, we conducted analyses on the issues that the buyer should have been knowledgeable about prior to the acquisition, such as the underlying regulatory environment and the impact of generic penetration. We also assessed the degree to which the information in the pricing contract was already encompassed in sales forecasts and other disclosures made during the acquisition process.

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