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Expert Analysis

Del. Appraisal Legislation Is A Step In Right Direction

Law360, New York (June 22, 2016, 4:48 PM EDT) -- On June 8, the Delaware Senate passed, and the governor is expected to promptly sign, legislation amending appraisal rights in two ways under Section 262 of the Delaware General Corporation Law. The amendments will apply to merger agreements entered into on or after Aug. 1, 2016. These amendments come after years of proliferating appraisal claims brought in high-profile merger matters. Many such claims have been brought by hedge funds as a form of "appraisal arbitrage," and certain aspects of the new legislation specifically aim to make such arbitrage less attractive....

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