The Future Of Appraisal Cases After BMC Software

Law360, New York (November 20, 2015, 10:30 AM EST) -- We have previously noted an increasing number of investors pursuing statutory appraisal actions to obtain a higher price for their shares in a cash-out merger. Perhaps in a sign that the judicial tide is turning against some of the more abusive manifestations of this trend, the Delaware Court of Chancery recently issued its decision in BMC Software, the largest Delaware statutory appraisal action ever to reach a post-trial decision....

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