Del. Weighs In On Fair Value In Appraisal Rights Cases

Law360, New York (August 7, 2013, 7:42 PM EDT) -- As demonstrated by Carl Icahn’s recent announcement in connection with the acquisition of Dell Inc., professional investors are increasingly exercising appraisal rights to achieve a fair price for their stock in a merger.

Accordingly, it is worth noting that the Delaware Chancery Court has now clearly rejected any presumptive weight attached to the merger price as evidence of the fair value of the company’s shares. Under Delaware law, a company’s shareholders of record are entitled to demand that a court appraise the value of their shares...
To view the full article, register now.