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Expert Analysis

Chancery Decision Continues Trend Of Lower Appraisal Prices

By Gail Weinstein, Warren S. de Wied, Scott B. Luftglass and Randi Lally ( April 17, 2019, 5:08 PM EDT) -- In its seminal 2017 DFC Global[1] and Dell[2] decisions, the Delaware Supreme Court held that, in an appraisal case following a merger that was negotiated at arm's-length in a robust sale process, the Court of Chancery should rely solely or primarily on the deal price itself to determine appraised "fair value." The practical result of this approach is that there would be no benefit from seeking appraisal in this context of an arm's-length merger....

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