Ademi LLP is investigating Mirati (Nasdaq: MRTX) for possible breaches of fiduciary duty and other violations of law in its transaction with Bristol Myers Squibb.
In the transaction, Mirati stockholders are expected to receive only $58.00 per share in cash, for a total equity value of $4.8 billion. Mirati stockholders will also receive one non-tradeable Contingent Value Right for each Mirati share held, potentially worth $12.00 per share in cash. The transaction agreement unreasonably limits competing transactions for Mirati by imposing a significant penalty if Mirati accepts a competing bid. Mirati insiders will receive substantial benefits as part of change of control arrangements.
We are investigating the conduct of Mirati’s board of directors, and whether they are fulfilling their fiduciary duties to all shareholders.