The forthcoming article on appraisal arbitration by Professors Korsmo and Myers is rich with data confirming the sophistication of the new breed of appraisal rights petitioners. (A previous post linked to graphs demonstrating the recent sharp increase in appraisal petitions and the spike in the dollars at play in appraisal cases.) We wanted to
Number of Appraisal Rights Filings
Why Do Delaware Appraisal Awards Typically Exceed Merger Price?
We thought readers would be interested in this recent article by Fried Frank, Why Delaware Appraisal Awards Exceed the Merger Price, providing an analysis of why the Delaware appraisal decisions since 2010 have produced valuation awards that are often significantly higher than the merger consideration. We do not necessarily endorse the assertions and conclusions…
Spike in Appraisal Rights Cases Graphically Illustrated
Among the compelling metrics compiled by Professors Korsmo and Myers in their article on appraisal rights that has been approvingly cited by the Delaware Court of Chancery, they have highlighted two key trends which, taken together, demonstrate the sophistication of the investors now driving what appears to be a pronounced spike in appraisal rights cases.