Data Pinpoints Expert Valuation Differences In Del. Appraisals

Law360 (October 10, 2019, 5:13 PM EDT) -- In a recent Law360 guest article, Michael Maimone and Joseph Schoell discuss the Delaware Court of Chancery appraisal decision, In re Appraisal of Jarden Corp., and how it relates to their checklist for shareholders considering an appraisal action.[1] They close their article by noting the court’s “frustration with experts in appraisal proceedings,” and calling on experts to “consider presenting valuations closer to the deal price” in disinterested transactions with arm’s-length negotiation.

In this article, I review the sources of disagreement in valuations and examine data on experts’ valuations in Delaware appraisals in order to evaluate Maimone and Schoell’s call to action....

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