The Dell Appeal In Light Of Recent DFC Opinion

Law360, New York (September 25, 2017, 10:37 AM EDT) -- On Wednesday, the Delaware Supreme Court will hear oral argument in the appeal from the Delaware Court of Chancery’s post-trial opinion in In re Appraisal of Dell Inc., C.A. No. 9322-VCL, (Del. Ch. May 31, 2016). The Supreme Court will consider whether the Court of Chancery’s decisions to rely on its own valuation analysis and assign no weight to the final merger consideration in determining the “fair value” of the petitioners’ stock, under Delaware’s appraisal statute, was supported by the record. The appeal is significant because the Court of Chancery’s decision in Dell was premised in large part on grounds similar...

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