Find a lawyerOur capabilitiesYour careerSearch
Locations
Our capabilities
News

Select language:

Locations
Our capabilities
News

Select language:

hamburger menu showcase image
  1. Our thinking
  2. News
  3. News Search
  4. Freshfields’ Litigation Team Defeats Shareholder Effort to Challenge Sumitovant’s $2.9bn Acquisition of Myovant
1MIN
Freshfields’ Litigation Team Defeats Shareholder Effort to Challenge Sumitovant’s $2.9bn Acquisition of Myovant
Jan 3 2024

Freshfields successfully defeated a shareholder’s effort to challenge a $2.9 billion dollar take-private merger between Sumitovant Biopharma Limited (Sumitovant, n/k/a Sumitomo Pharma America Inc.) and Myovant Sciences Limited (Myovant) by obtaining dismissal, with prejudice, of all claims in the Plaintiff’s class action complaint.

In the matter Zappia v. Myovant Sciences Ltd., et al, No. 1:2023-cv-08097 (S.D.N.Y. Dec. 28, 2023), Plaintiff alleged that Myovant’s proxy statement seeking approval of the transaction was materially false and misleading because it failed to disclose “actual” or “potential” conflicts on the part of the deal counsel that represented the special committee of Myovant’s board of directors that negotiated the approved the merger. Freshfields moved to dismiss arguing that the proxy was accurate, any alleged misstatements or omissions were not material, and that Plaintiff had failed to meet other requirements of his claim.  After hearing oral argument on December 12, Judge Rakoff granted Freshfields’ motion on December 28, dismissing all claims with prejudice.

The Freshfields team included partners David Yury Livshiz and Boris Feldman, counsel Peter J. Linken and associates Elena Hadjimichael, Nathan A. Hembree, Abby Kritta, Jake Rothstein, and Raul Orozco.

Team
New York
David LivshizPartner
Silicon Valley
Boris FeldmanPartner | Global Co-Head of Tech, Media and Telecoms
New York
Peter J. LinkenCounsel
New York
Elena HadjimichaelSenior Associate
Silicon Valley
Nathan HembreeSenior Associate
New York
Jake RothsteinAssociate
New York
Raul OrozcoAssociate
FIND US IN
All locations
NAVIGATE TO
About usYour careerOur thinkingOur capabilitiesNews
CONNECT
Find a lawyerAlumniContact us
NEED HELP
Fraud and scamsComplaintsTerms and conditions
LEGAL
AccessibilityCookiesLegal noticesTransparency in supply chains statementResponsible procurementPrivacy

© 2025 Freshfields. Attorney Advertising: prior results do not guarantee a similar outcome

Select language: