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Expert Analysis

Transaction Price Dominates Delaware Appraisal Litigation

By William Hrycay ( July 30, 2019, 6:01 PM EDT) -- The past decade witnessed a notable increase in the number and magnitude of actions brought under Delaware's appraisal statute. Since 2013, the Delaware Chancery Court's decisions have increasingly relied on transaction prices as the best indicators of fair value. Two recent Delaware Supreme Court decisions led the Delaware Chancery Court to place greater weight on market prices, even when there are perceived flaws in the transaction process.[1]...

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