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A Developing Landscape: Out-of-Court Statements and Defamation Exposure in M&A Litigation
In <z>Cytotheryx, Inc. v. Castle Creek Biosciences, Inc.</z>, C.A. No. 2023-1142-PAW (Del. Ch. Nov. 10, 2025), the Delaware Court of Chancery (Superior Court Judge Patricia Winston, sitting by designation) sustained defamation and defamation <z>per se</z> counterclaims arising from a press release issued by the plaintiff during a pending merger dispute. The decision underscores a growing reality in M&A litigation: when deal participants take their disputes to the public arena, defamation claims can follow.
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