Further to our prior post on valuing publicly-traded stock held by an appraisal target, several Delaware cases following Paskill v. Alcoma Corp.’s 2000 ruling have continued applying the principle that where an appraisal target’s “operative reality” at closing is
[Guest Post by Professor Alexandros Seretakis]*
In 2019 the European Union adopted the Mobility Directive, which introduces significant amendments to the legal framework for cross-border mergers aimed at enhancing legal certainty and diminishing the transaction costs of such operations. Most
It’s been eight years since the Delaware legislature amended the appraisal statute to allow appraisal respondents the discretion to prepay some or all of the merger consideration, and at a time of their choosing.
We have previously blogged to mark
We’ve covered South African appraisal rights before, including the mechanics of appraisal, results from that jurisdiction, and the reach of the statute. In a new journal article in the South Africa Law Journal, Professor Maleka Femida Cassim discusses the divergent
Today marks the five-year anniversary of the Delaware Chancery Court’s ruling in the appraisal of Stillwater Mining Company.
Of continuing vitality today is the Court’s special focus on the right of the appraisal claimant to receive the benefit of any
We have previously covered (thanks to a guest post) that Saudi Arabia does not have appraisal rights, though its Companies Law provides for a number of other shareholder rights. Is it time for a change?
Professors Alhasani and Hassan of
An interesting question has surfaced lately: how does publicly traded stock get valued when held by an M&A target that is itself the subject of an appraisal action? Not a ton of guidance on this question, but we did locate
Appraisal petitioners who receive a fair value award are entitled to interest as set by statute. In particular, DGCL § 262 provides that “. . . interest from the effective date of the merger, consolidation, conversion, transfer, domestication or continuance
The SEC’s Costly Crackdown on Firms
In April 2024, SEC Deputy Director Sanjay Wadhwa updated the investor community on the SEC’s record-keeping enforcement initiative against broker-dealers and investment advisors. The efforts focus particularly on firms’ failing to properly record off-channel
In April 2024, after extensive public debate and Congressional interrogation of Shou Zi Chew, TikTok’s CEO, President Biden signed into law the Protecting Americans From Foreign Adversary Controlled Applications Act (“the Act”), which will ban TikTok from the United States