Lawsuit Overview
January 25, 2019 - The case was voluntarily dismissed.
December 18, 2018 - An investor, who currently holds shares of athenahealth, Inc. (NASDAQ: ATHN), filed a lawsuit against the takeover of athenahealth, Inc. The plaintiff alleges that the defendants breached their fiduciary duties owed to NASDAQ: ATHN stockholders by agreeing to sell athenahealth, Inc. cheaply via an unfair process.
On November 12, 2018, athenahealth, Inc. (NASDAQ: ATHN), Veritas Capital and Evergreen Coast Capital announced that they have entered into an agreement under which an affiliate of Veritas Capital and Evergreen Coast Capital will acquire athenahealth for approximately $5.7 billion in cash. Under the terms of the agreement, athenahealth shareholders will receive $135 in cash per share.
However, plaintiff claims that the proposed consideration NASDAQ: ATHN shareholders will receive is grossly inadequate and undervalues athenahealth, Inc. Indeed, at least one analyst has set the high target price for NASDAQ: ATHN shares at $179 per share and given that NASDAQ: ATHN shares traded in the open market as recently as July 2018 as high as $162.54 per share. athenahealth, Inc. reported that its annual Total Revenue rose from over $1.08 billion in 2016 to over $1.22 billion in 2017 and that its Net Income increased from $21 million in 2016 to $53.1 million in 2017. In addition, the plaintiff alleges that the process is also unfair NASDAQ: ATHN stockholders