PetSmart Is A Significant Loss For Appraisal Arbitrageurs

By Christopher Kelly and Mathew Golden (June 29, 2017, 12:10 PM EDT) -- Well-known to deal lawyers and their clients is the rise of "appraisal arbitrage." Under Delaware law, stockholders of a Delaware corporation acquired in a merger or consolidation generally may seek appraisal from the Delaware Court of Chancery of the "fair value" of their shares of stock, subject to certain conditions and exceptions outlined in Delaware's appraisal statute, Section 262 of the Delaware General Corporation Law. The legislative purpose behind that statute is to provide relief to stockholders dissenting from a merger on the basis of inadequacy of price — a statutory replacement for the common law rule that a single stockholder could block a merger. In the last few years, however, opportunistic hedge funds have exploited the statutory remedy as an investment strategy by buying stock in target companies after announcements of mergers for the purpose of seeking appraisal....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!