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Appraisal Rights Litigation Blog

Monthly Archives: March 2017

DFC Global a “Lightning Rod” for the Merger-Price Debate

Posted in Appraisal Arbitrage, Award Premium, Discounted Cash Flow Analysis, Fair Value, Merger Price, Supreme Court

The Financial Times published this critical assessment [$$$] of the DFC Global ruling and of the appraisal arbitrage strategy more generally, observing that the pending DFC Global appeal frames the current debate about what role, if any, merger price should play in appraisal cases.

Another Fed Rate Increase Again Raises Statutory Appraisal Interest

Posted in Federal Reserve Discount Rate, Interest on Appraised Value

Last week the Federal Reserve issued another rate hike, just months after its December rate increase.  The recent hike has increased the Fed’s discount rate — also known as its primary credit rate — by 0.25%, up to 1.50%. Effective as of March 16, 2017, this will increase the rate of statutory interest in appraisal cases… Continue Reading

“Appraisal Risks Factor High”

Posted in Appraisal Conditions, August 2016 Amendments, Entitlement to Appraisal, Merger Price

Cooley LLP highlights that increased appraisals are being factored into mergers.  Following up on a previous piece, Cooley LLP notes that appraisal costs can be large, referencing the over $50 million added to the merger price in Dell, and further comments on the rise of appraisal claims, which Cooley calculates as a 267% increase from… Continue Reading

CLS BlueSky: Podcast with Vice Chancellor Laster

Posted in Award Premium, Merger Price, No Proof of Wrongdoing Needed

In a recent podcast, the Columbia Law School BlueSky Blog features Delaware Vice Chancellor Laster – whose appraisal decisions we have covered repeatedly – discussing the appraisal remedy.  While the entire podcast is certainly worth a listen, some important topics include the history of appraisal (~1:30); when markets may depart from fair value (~5:50); how appraisal may act as a reserve price (~9:30); the discovery… Continue Reading