Sat.May 18, 2019 - Fri.May 24, 2019

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Getting the Basics Right – Appraisal Notices

Appraisal Rights

While there are many areas of appraisal up for debate, and actively being debated in the Delaware courts, sometimes there’s an easy one. When a company engages in a merger, under the DGCL, the Company must timely notify shareholders of their appraisal rights if those rights exist. What a company cannot do – as its alleged the Defendant in Anurag Mehta v.

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Did the Aruba Decision Make “Serious” Corporate Finance Mistakes?

Appraisal Rights

Yes – at least according to Professors Korsmo and Myers. In this piece from the HLS Forum on Corporate Governance, the Professors argue that the Aruba decision continued a trend of the Delaware Supreme Court misapplying certain modern finance concepts, starting most glaringly in Dell and DFC, and with Aruba only slowly turning the ship back towards a truer course.