Berman Tabacco

AmerisourceBergen Corporation Books and Records Litigation

San Antonio Fire & Police Pension Fund v. AmerisourceBergen Corp., C.A. No. 2018-0551 (Del. Ch.)

Berman Tabacco has filed an action pursuant to 8 Del. C. § 220 on behalf of the San Antonio Fire & Police Pension Fund against AmerisourceBergen Corp. (“Amerisource” or the “Company”) to compel the Company to provide certain of its books and records. The primary purpose of this request is to ascertain whether Amerisource’s directors breached their fiduciary duties in connection with its subsidiary’s alleged illegal scheme to produce and market unapproved prefilled syringes (“PFS”) in violation of federal and state laws. In 2017, Amerisource entered a guilty plea related to the alleged illegal PFS scheme and has paid more than $875 million in penalties and fines to settle related civil and criminal claims.