Chancery Endorses Share Tracing In Dell

Law360, New York (August 23, 2016, 10:49 AM EDT) -- After a string of Delaware decisions that have been widely interpreted as rejecting a share-tracing requirement in appraisal proceedings involving public companies, the Delaware Court of Chancery recently denied petitioners' appraisal claims on the grounds that evidence showed the petitioners' shares were voted in favor of the merger. The court's May 11 decision in In re: Appraisal of Dell Inc., C.A. No. 9322-VCL, is one of a number of recent developments that may help curtail the growth of the appraisal arbitrage industry.

Absence of Share Tracing Under DGCL Section 262 and Transkaryotic

Delaware's appraisal statute, Section 262 of the Delaware General...

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