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Appraisal Rights Litigation Blog

Monthly Archives: November 2015

Analyzing the Observed Increase in Appraisal Arbitrage

Posted in Appraisal Arbitrage, Equity Risk Premium, Interest on Appraised Value, Record Date

The July 2015 article “Appraisal Arbitrage – Is there a Delaware Advantage?” by Gaurav Jetley and Xinyu Ji of the Analysis Group analyzes the extent to which economic incentives have improved for appraisal arbitrageurs in recent years, which the authors believe helps explain the “observed increase” in appraisal activity.  The article concludes that appraisal arbitrageurs… Continue Reading

Appraisal Rights and Institutional Investors’ Fiduciary Duties

Posted in Appraisal Arbitrage, Distinct from Fiduciary Duty Claims

In this 2015 article from the Arizona Law Review, “Shareholder Litigation Without Class Actions,” Boston University Law School Professor David Webber imagines a “post-class-action landscape for shareholder litigation,” positing that the class action vehicle is becoming gutted by the courts and that mandatory arbitration provisions are undermining the class action device.  In this so-called post-class-action… Continue Reading