7 Takeaways From Recent Del. Statutory Appraisal Litigation

Law360 (February 4, 2021, 5:18 PM EST) -- Statutory appraisal remains an active area of litigation in Delaware, notwithstanding recent legislation[1] designed to reduce appraisal arbitrage and judicial decisions that established a prominent role for market-based evidence.

This article distills important considerations for practitioners and their clients from the 2020 appraisal decisions of the Delaware Supreme Court and Delaware Court of Chancery.

Chief among these is anticipating the weight courts might assign to different valuation methodologies, including deal price, market price and discounted cash flow analyses.

Bearing these considerations in mind can aid practitioners and clients at every step — from structuring a merger to litigating appraisal proceedings —...

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