Appraisal Rights

MAY 10, 2018

Authors from Potter Anderson write in the spring 2018 edition of Delaware Laws Governing Business Entities [$$] that recent developments in appraisal have restored ‘balance’ to the remedy. Citing case law where courts have deferred to deal price, amendments to the appraisal statute, and the statutory authorization of distributed ledger (i.e., blockchain) technology for corporations, the authors posit that some kind of ‘balance’ is being restored to what they propose was an otherwise unbalanced

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Appraisal Rights

MAY 9, 2018

Last month, we saw authors calling appraisal a maze , and now, an analogy to a sculpture. In the journal M&A Law [$$], April 2018 edition, authors from Wilson Sonsini write about how recent Delaware cases have shaped and sculpted the appraisal remedy, but left open a number of issues for future decisions. Citing Aruba, AOL, DFC, and Dell, the authors conclude that deal synergies and market efficiency will take on increased importance and prominence in appraisal jurisprudence.

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Appraisal Rights

MAY 8, 2018

CLS BlueSkyBlog recently posted regarding the interaction of the Delaware business judgment rule and appraisal. Focusing on the Delaware Supreme Court’s commentary in Dell , the author of the post highlights that unlike Dell – which was a management buyout – hostile takeovers may implicate the intersection of appraisal and the business judgment rule in unique ways.

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