Sat.May 12, 2018 - Fri.May 18, 2018

article thumbnail

The State of Delaware Appraisal

Appraisal Rights

CLS BlueSky Blog has published a post discussing the current state of Delaware appraisal law and fitting appraisal developments into the broader context of M&A rules and corporate governance. The post covers recent appraisal decisions, with the authors concluding that: “in our view, generally, the court is more likely to continue to reach above -the-deal-price results in non -arm’s-length merger cases (such as controller transactions, squeeze-outs, and certain MBOs-unless the transaction

article thumbnail

New Coverage of DFC Global Case Focuses on Court’s Refusal to Set Presumption in Favor of Deal Price

Appraisal Rights

Professor Robert Reder and Vanderbilt JD candidate Blake Woodward have published a piece in the Vanderbilt Law Review En Banc reviewing the Delaware Supreme Court’s DFC decision and the intricacies of Chancellor Strine’s 85 page opinion. We’ve posted extensively about DFC throughout its history. The authors of the current piece point out that DFC can be partially read as a requirement for clearer explanations by the trial court of their reasoning with respect to valuation.