Levi & Korsinsky, LLP has commenced an investigation into the fairness of the merger of Menlo Therapeutics Inc. (“Menlo” or the “Company”) (NASDAQ: MNLO) with Foamix Pharmaceuticals Ltd. (“Foamix”) (NASDAQ: FOMX). Under the terms of the transaction, each share of Foamix stock will be exchanged for 0.5924 of a share of Menlo common stock and a contingent stock right. Following the merger, Foamix shareholders will own approximately 59% of the combined company and Menlo shareholders will own approximately 41%.
The Menlo merger investigation concerns whether the Board of Menlo breached their fiduciary duties to stockholders by failing to adequately shop the Company before agreeing to enter into this transaction and whether the merger with Foamix undervalues Menlo shares, thus unlawfully harming Menlo shareholders.
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