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Business Organizations Keyed to Bauman
AmerisourceBergen Corp. v. Lebanon County Employees’ Retirement Fund
Citation:243 A.3d 417 (Del. 2020).
AmerisourceBergen was one of the United State’s largest opioid distributors. As an opioid distributor, AmerisourceBergen had a duty to report suspicious orders. In 2007, AmerisourceBergen’s facility in Florida had its license suspended by the DEA for failing to maintain effective controls. AmerisourceBergen settled with the DEA and agreed to implement new compliance programs. Despite this, AmerisourceBergen was the subject of various governmental reports, investigations and lawsuits over the following years. By 2019, AmerisourceBergen had spent more than $1 billion on the lawsuits and investigations and was estimated to spend up to $100 billion to reach a global settlement for its activities.
Due to these investigations and lawsuits, in May 2019, plaintiffs served a Section 220 demand on AmerisourceBergen requesting to inspect thirteen categories of books and records. AmerisourceBergen rejected the demand, claiming it was not for a proper purpose. Plaintiffs, thereafter, sought judicial intervention.
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