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Expert Analysis

A Call For New Approach To Continuous Holder Requirement

Law360, New York (July 16, 2015, 11:02 AM EDT) -- In In re Appraisal of Dell (July 13, 2015), Vice Chancellor J. Travis  Laster, stating that he was compelled by Delaware Supreme Court precedent, applied a "strict" interpretation of the "continuous holder requirement" of the Delaware appraisal statute. The vice chancellor, granting summary judgment in favor of Dell Inc., held that the funds seeking appraisal of almost 1 million Dell shares (acquired by them after announcement of the Dell going-private transaction) had not met the continuous holder requirement and so had lost their right to appraisal....

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