Ross Aronstam & Moritz Helps Secure Post-Trial Earnout Award of More Than $1 Billion

September 2024

Ross Aronstam & Moritz, together with Selendy Gay, successfully secured a post-trial award of more than $1 billion on behalf of the former stockholders of Auris Health, Inc. (represented by Fortis Advisors) in their dispute with Johnson & Johnson over J&J's post-acquisition treatment of Auris's innovative products.  After a ten-day trial in January and four-plus years of protracted litigation, the Court of Chancery concluded in a 145-page post-trial opinion that J&J breached the parties’ underlying merger agreement and separately committed fraud.  The more than $1 billion in damages is the largest ever awarded in a Delaware earnout case and, more generally, among the top damages awards in Delaware history.  RAM's trial team consisted of Brad Aronstam, Roger Stronach, and Dylan Mockensturm.