December 24, 2015
The Am Law Litigation Daily named Brian Lutz as its "Litigator of the Week" in connection with his litigation win on behalf of Gibson Dunn’s client, Depomed Inc., a Bay Area pharmaceutical company that was the target of a hostile takeover attempt by Horizon Pharma plc. Brian led a Gibson Dunn litigation team that filed a lawsuit alleging that Horizon’s takeover attempt was unlawful and should be enjoined because it was premised on confidential information concerning Depomed’s principal asset. Following expedited discovery, briefing, and argument, on November 19, 2015, the Superior Court of California for the County of Santa Clara issued a rare preliminary injunction enjoining Horizon’s attempted hostile takeover of Depomed through a proposed exchange offer and proxy contest. Within one hour of the Court ruling, Horizon abandoned its hostile bid altogether, delivering a complete victory for Depomed. The feature was published on November 24, 2015.