Appraisal Rights

AUGUST 23, 2019

The National Law Review has covered Mobile Posse , a case we’ve posted on before. The NLR analysis describes the Mobile Posse decision, writing: “The Court denied all but one of defendants’ motions, finding numerous deficiencies in the notice process and finding that the merger was not entirely fair.”. And further: “The Court was not persuaded that a supplemental notice could serve as a replicated remedy, and in any event, the supplemental notice contained incorrect and internally inconsistent

Appraisal 52

Appraisal 52

Appraisal Rights

AUGUST 21, 2019

Blog World of Securities Regulation has this extensive breakdown of the recent Columbia Pipeline decision. The author notes that the Columbia Pipeline analysis goes through each factor, or sub-analysis, that the Delaware courts have considered relevant (to varying degrees) in appraisal proceedings recently. These include: Sales process; Deal price (and the reliability of it); Synergies; Signing-closing valuation increase; Trading price (which the Court rejected); The discounted cash flow methodo

Discounted Cash Flow 52

Discounted Cash Flow Appraisal 52

Appraisal Rights

AUGUST 21, 2019

Today, the Delaware Chancery Court (Vice Chancellor Laster) decided the Stillwater Mining appraisal case, awarding merger price plus interest.*. A copy of the opinion can be found here. *RKS attorneys are counsel to petitioners in this matter.

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Appraisal 52

Appraisal Rights

AUGUST 22, 2019

Commentary on the recent Jarden decision has focused, unsurprisingly, on the use of unaffected stock price in the decision after some commentators viewed the methodology as dead after Aruba. As a recap, unaffected stock price methodology involves determining the fair value of an acquired company using its stock price before the merger announcement.

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Appraisal Discounted Cash Flow Marketability 40

Speaker: Susan Spencer, Principal of Spencer Communications

Intent signal data can go a long way toward shortening sales cycles and closing more deals. The challenge is deciding which is the best type of intent data to help your company meet its sales and marketing goals. In this webinar, Susan Spencer, fractional CMO and principal of Spencer Communications, will unpack the differences between contact-level and company-level intent signals.

Marketability

Appraisal Rights

AUGUST 22, 2019

A recent alert by Lynda Bennett and Jason Meyers in Lowenstein’s Insurance Recovery Group discusses the Delaware Superior Court’s recent opinion that a “Securities Claim” in a D&O policy includes a shareholder appraisal action and coverage for prejudgment interest despite lack of insurer consent. Read the alert here.

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Appraisal 40