Bloomberg Law
Jan. 31, 2018, 11:00 PM UTC

Investor Appraisal Suits Face Rocky Future After Del. Rulings

Jacob Rund

• 2017 decline in appraisal cases ends four-year uptick; downturn expected to continue

• Delaware high court’s focus on deal price, process may cause shift in kind of appraisal cases filed

Investors challenging the deal prices reached in mergers and acquisitions may find it harder to get higher share valuations because of recent Delaware state court decisions, corporate governance attorneys say.

The decisions by the Delaware Supreme Court have reduced incentives for shareholders to bring appraisal claims against most deals, according to attorneys and law professors interviewed by Bloomberg Law. They may also have the potential to further lower ...

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