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McKESSON CORPORATION
FINANCIAL NOTES (Continued)
injunction or be forced to change the manner in which we operate our business, which could have a material
adverse impact on our financial position or results of operations.
I. Litigation and Claims
On September 7, 2007, McKesson Specialty Arizona Inc. was served with a complaint filed in the
New York Supreme Court, New York County by PSKW, LLC, alleging that McKesson Specialty Arizona
misappropriated trade secrets and confidential information in launching its LoyaltyScript®program, PSKW, LLC
v. McKesson Specialty Arizona Inc., Index No. 602921/07. PSKW later amended its complaint twice to add
additional, but related claims. The trial presentation of evidence has completed. The parties are engaged in post-
trial briefing.
On April 16, 2013, the Company’s wholly-owned subsidiary, U.S. Oncology, Inc. (“USON”), was served
with a third amended qui tam complaint filed in the United States District Court for the Eastern District of New
York by two relators, purportedly on behalf of the United States, twenty-one states and the District of Columbia,
against USON and five other defendants, alleging that USON solicited and received illegal “kickbacks” from
Amgen in violation of the Anti-Kickback Statute, the False Claims Act, and various state false claims statutes,
and seeking damages, treble damages, civil penalties, attorneys’ fees and costs of suit, all in unspecified amounts,
United States ex rel. Piacentile v. Amgen Inc., et al., CV 04-3983 (SJ). Previously, the United States declined to
intervene in the case as to all allegations and defendants except for Amgen. On February 5, 2013, the
United States filed a motion to dismiss the claims pled against Amgen. On September 30, 2013, the court granted
the United States’ motion to dismiss. On April 4, 2014, USON filed a motion to dismiss the claims pled against
it. The court has not yet ruled on USON’s motion.
On May 17, 2013, the Company was served with a complaint filed in the United States District Court for the
Northern District of California by True Health Chiropractic Inc., alleging that McKesson sent unsolicited
marketing faxes in violation of the Telephone Consumer Protection Act of 1991 (“TCPA”), as amended by the
Junk Fax Protection Act of 2005 or JFPA, True Health Chiropractic Inc., et al. v. McKesson Corporation, et al.,
CV-13-02219 (HG). True Health Chiropractic later amended its complaint, adding McLaughlin Chiropractic
Associates as an additional named plaintiff and McKesson Technologies Inc. as a defendant. True Health
Chiropractic and McLaughlin Chiropractic Associates purport to represent all persons who were sent marketing
faxes that did not contain proper opt-out notices and from whom the Company and McKesson Technologies, Inc.
did not obtain prior express permission from June 2009 to the present. In July 2015, True Health Chiropractic
and McLaughlin Chiropractic Associates filed a motion for class certification. The court has not yet ruled on
True Health Chiropractic and McLaughlin Chiropractic Associates’ motion. In August 2015, McKesson was
granted a waiver from the opt-out requirement from the Federal Communications Commission (“FCC”). Whether
the FCC has the authority to grant such a waiver is currently on appeal before the United States Circuit Court of
Appeals for the District of Columbia Circuit.
On May 21, 2014, four hedge funds managed by Magnetar Capital filed a complaint against Celesio
Holdings (formerly known as “Dragonfly GmbH & Co KGaA”), a wholly-owned subsidiary of the Company, in
a German court in Frankfurt, Germany, alleging that Celesio Holdings violated German takeover law in
connection with the Company’s acquisition of Celesio by paying more to some holders of Celesio’s convertible
bonds than it paid to the shareholders of Celesio’s stock, Magnetar Capital Master Fund Ltd. et al. v. Dragonfly
GmbH & Co KGaA, No. 3- 05 O 44/14. On December 5, 2014, the court dismissed Magnetar’s lawsuit. Magnetar
subsequently appealed that ruling. On January 19, 2016, the Appellate Court reversed the lower court’s ruling
and entered judgment against Celesio Holdings. On February 22, 2016, Celesio Holdings filed a notice of appeal.
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