Investigation Overview
The announcement that Pharmasset, Inc. agreed to be acquired by Gilead Sciences, Inc for $137 per share prompted an investigation on behalf of investors of Pharmasset, Inc. (NASDAQ: VRUS) concerning whether the offer to acquire Pharmasset and the buyout process are unfair to investors of Pharmasset (NASDAQ:VRUS) and whether certain of its officers and directors or others breach their fiduciary duties owed investors in NASDAQ VRUS shares.
The investigation by a law firm concerns whether Pharmasset, certain of its officers and directors, and/or others breached their fiduciary duties owed to Pharmasset, Inc. (VRUS) investors in connection with the proposed acquisition.
On Monday, November 22, 2011, Pharmasset, Inc. and Gilead Sciences, Inc. announced that the companies have signed an agreement under which Gilead Sciences will acquire Pharmasset for $137 per share in cash. The transaction values Pharmasset at approximately $11 billion.
Pharmasset, Inc. said that the offer represents an 89% premium to Pharmasset's closing share price on Friday, November 18, 2011, the last trading day prior to announcement, and 59% to Pharmasset's all time high closing stock price.
However, the investigation concerns whether the Pharmasset Board of Directors undertook an adequate sales process and in particular breached their fiduciary duties to Pharmasset ( NASDAQ: VRUS) shareholders by failing to adequately shop the Company before entering into this transaction. Furthermore the investigation concerns on whether Gilead Sciences, Inc would underpay for NASDAQ:VRUS shares, thus unlawfully harming Pharmasset stockholders. A potential securities class action lawsuit would seek to maximize the amount of money and information NASDAQ: VRUS shareholders would receive in a buyout, so the law firm.