
Clovis Oncology filed for Chapter 11 bankruptcy protection in 2020. The company's financial struggles were largely due to the failure of its cancer drug, rociletinib, in clinical trials. This setback led to a significant decline in the company's stock price and a loss of investor confidence.
In 2020, Clovis Oncology had a market capitalization of around $1.5 billion. The company's financial struggles were also exacerbated by the COVID-19 pandemic, which disrupted its supply chain and reduced sales of its cancer drugs.
Clovis Oncology's bankruptcy deal involved a restructuring plan that allowed the company to emerge from bankruptcy protection with a reduced debt burden. The company's lenders agreed to forgive a significant portion of its debt in exchange for a minority stake in the company.
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Cancer Drugs
Clovis Oncology has a cancer drug called Rubraca, which is approved in the U.S. for prostate and ovarian cancers.
Rubraca is a PARP inhibitor that works by blocking enzymes involved in DNA repair, and it was first approved in 2016 for ovarian cancer.
Pharma&, a privately held Austrian company, has agreed to buy Rubraca for $70 million upfront, with the potential for another $65 million if certain milestones are met.
The sale is subject to approval by the U.S. Bankruptcy Court for the District of Delaware, where Clovis filed for Chapter 11 bankruptcy protection last December.
Clovis was also developing another cancer drug called rociletinib, which was a treatment for non-small cell lung cancer, but it's no longer in development as new patient trials are no longer accepting new patients.
Rociletinib
Rociletinib was being developed as a treatment for non-small cell lung cancer. The company completed a phase III trial in April 2016.
If approved, it would have competed with AstraZeneca's Tagrisso. The drug had potential to make a significant impact in the treatment of this type of cancer.
However, the company stopped accepting new patients for the drug in November 2016. This decision was likely due to the lack of approval.
The company agreed to a $20 million settlement with the Securities and Exchange Commission in September 2018. This settlement was related to claims that the company exaggerated the efficacy of Rociletinib in patient trials.
Rucaparib
Rucaparib is a PARP inhibitor in Phase II and III clinical trials for advanced ovarian cancer.
It was granted an accelerated approval by the FDA in December 2016 for patients with deleterious BRCA mutation-associated advanced ovarian cancer who have been treated with two or more chemotherapies.
In 2023, rucaparib was sold to Pharma& as part of Clovis's bankruptcy proceedings.
Pharma&, the buyer, is a privately held Austrian company that describes its mission as "breathing new life into proven medicines".
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Company Information
Clovis Oncology is a commercial-stage biotechnology company founded in 2009.
They are headquartered in Boulder, Colorado, and are listed on the NASDAQ as CLVS.
The company's management team has extensive experience in developing novel cancer therapies.
Their vision is to improve the lives of people living with cancer through precision medicine.
They focus on acquiring, developing, and commercializing cancer treatments in the US, Europe, and other international markets.
Clovis Oncology pursues a collaborative approach to develop diagnostic tools alongside their cancer treatments.
Their product development programs target specific subsets of cancer, and they work with partners to develop diagnostic tools when needed.
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Litigation and Bankruptcy
Clovis Oncology filed for Chapter 11 bankruptcy protection in December.
The company's bankruptcy proceedings led to an auction for its approved cancer drug Rubraca.
Pharma&, a privately held Austrian company, submitted the highest bid at the auction and will pay $70 million upfront for the rights to Rubraca.
The sale is subject to approval by the U.S. Bankruptcy Court for the District of Delaware.
Clovis shares were delisted from the Nasdaq Global Select Market after trading was suspended late last year.
For another approach, see: U.s. Bank Clovis New Mexico
Derivative Litigation Observations
Derivative litigation can be a complex and time-consuming process for companies facing financial difficulties.
In the case of a Chapter 11 bankruptcy, derivative litigation often arises from the company's pre-petition conduct, as seen in the example of Enron, where derivative claims were filed against the company's directors and officers.
Derivative claims can be brought by shareholders on behalf of the company to recover losses caused by corporate misconduct.
The court's decision in the Enron case highlights the importance of careful consideration when determining whether to pursue derivative claims in a Chapter 11 bankruptcy.

Derivative litigation can also be triggered by a company's failure to properly manage its finances, as seen in the example of WorldCom, where the company's CEO and CFO were sued for their role in the company's financial mismanagement.
The outcome of derivative litigation can have significant consequences for the company's stakeholders, including shareholders and creditors.
In the case of WorldCom, the company's CEO and CFO were ultimately held liable for their actions and were required to pay significant damages.
Bankruptcy Deal for Cancer Drug Rubraca
Clovis Oncology has agreed to sell its cancer drug Rubraca as part of its bankruptcy proceedings.
The buyer, Pharma&, is a privately held Austrian company that submitted the highest bid at an auction, paying $70 million upfront for the rights to Rubraca.
Pharma& could pay another $65 million if certain regulatory and sales milestones are met.
The sale is subject to approval by the U.S. Bankruptcy Court for the District of Delaware, where Clovis filed for Chapter 11 bankruptcy protection last December.
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Rubraca is approved in the U.S. for prostate and ovarian cancers, and is one of several drugs of the same type, known as PARP inhibitors.
Clovis first won approval of Rubraca in the U.S. in late 2016, for ovarian cancer, and later expanded its use to include prostate cancer as well.
The sale is a significant development in Clovis' bankruptcy proceedings, which have been ongoing since last December.
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