Is the “go shop” still an effective tool for ensuring the maximization of business value? Maybe not – according to recent research by Prof. Guhan Subramanian of Harvard Business School. A “go shop” provision, in short, is when a seller comes to agreement with a buyer, but then there is a post-agreement process where
RSCR Covers “Shift” in Delaware Appraisal
The Review of Securities & Commodities Regulation recently published “The Shift in Delaware Appraisal Litigation” (full article $$$), suggesting, as have other authors, that Delaware appraisal has moved to a realm where process questions are central to the appraisal analysis. This will be little surprise to readers of this blog; while appraisal is distinct…
Is the Sales Process the Future Main Battleground of Appraisal?
Probably – at least according to this analysis posted on the Harvard Corporate Governance Forum. The analysis provides extensive discussion of Norcraft and Solera**, two recent decisions we’ve also noted.
The authors conclusion will be familiar to regular readers of this blog: “appraisal decisions likely will continue to focus on many of the…
Comcast and Fox in Bidding War for Sky PLC
The Columbia Blue Sky Blog posted last week on the impending auction for Sky PLC, where Professors Albert Choi and Eric Talley set the stage for the “shotgun economic jousting match between Comcast and Fox.”
The High Cost of Fewer Appraisal Claims
Today the Harvard Law School Forum on Corporate Governance and Financial Regulation posted this piece by Matthew Schoenfeld, The High Cost of Fewer Appraisal Claims in 2017: Premia Down, Agency Costs Up, which studies the recent reduction in appraisal claims and the decline in M&A deal premia.