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Appraisal Rights Litigation Blog

Monthly Archives: February 2017

More Academic Commentary on the Role of Merger Price in Appraisal

Posted in Award Premium, Merger Price, Supreme Court

Professor Guhan Subramanian of the Harvard Business School, who was one of the Dell stockholders’ experts in the Dell appraisal case focused on the M&A deal process, has developed an ostensive “middle ground” between the competing approaches advanced by the respective amicus briefs filed by some two dozen law and economics professors in the DFC… Continue Reading

Delaware Supreme Court Accepts Amicus Brief of Law & Economics Professors Resisting Merger Price Rule

Posted in Award Premium, Merger Price, Supreme Court

Further to our posts about the DFC Global appeal, today the Delaware Supreme Court granted the February 3 motion by the Law & Economics Professors arguing against the adoption of a presumption requiring chancellors to defer to merger price in all M&A deals resulting from an apparently robust auction process.  The Supreme Court is now… Continue Reading

DFC Global Appeal Sets Stage for “Intellectual Cage Match”

Posted in Award Premium, Merger Price, Supreme Court

Further to our recent post about the newest amicus brief offered up to the Delaware Supreme Court — arguing against the adoption of a merger price rule in appraisal cases — the Business Law Prof Blog posted this balanced assessment of the competing amici  briefs and highlighted their key takeaways.  Quoting in turn to the… Continue Reading

New Group of Law Professors Seeks to be Heard by Delaware Supreme Court**

Posted in Award Premium, Merger Price, Supreme Court

Further to our prior posts on DFC Global’s appeal to the Delaware Supreme Court, a new group of law and economics professors moved the Court on Friday to consider their brief rebutting the amicus brief previously filed in support of DFC Global’s appeal; the prior brief argued for instituting a new rule requiring deference to… Continue Reading