Ademi LLP is investigating Apollo Endosurgery (Nasdaq: AGFS) for possible breaches of fiduciary duty and other violations of law in its transaction with Boston Scientific.
Ademi LLP alleges Apollo Endosurgery’s financial outlook and prospects are excellent and yet Apollo Endosurgery shareholders are expected to collectively own only $10 per share. The transaction agreement unreasonably limits competing bids for Apollo Endosurgery by imposing a significant penalty if Apollo Endosurgery accepts a superior bid. Apollo Endosurgery insiders will receive substantial benefits as part of change of control arrangements.
We are investigating the conduct of Apollo Endosurgery’s board of directors, and whether they are (i) fulfilling their fiduciary duties to all shareholders, and (ii) obtaining a fair and reasonable price for Apollo Endosurgery.