Tag Archives: appraisal

The nonsensical market out in appraisal

Just got to thinking about appraisal's market out exception and it strikes me that it doesn't make much sense. Sure, sure, students have a tough time reading and then understanding the statutory provision (thanks drafters). But I mean something different…. … Continue reading

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The innovation theory of harm: an appraisal

Vincenzo Denicolò and Michele Polo study The innovation theory of harm: an appraisal. ABSTRACT: In its recent decision on the Dow-DuPont case, the European Commission has adopted an innovation theory of harm (IToH), which holds that even horizontal mergers whose… … Continue reading

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Delaware Chancery Court Strictly Construes Appraisal Statute to Deny Stockholders Appraisal Rights in a Reverse Triangular Merger

In City of North Miami Beach Gen. Employees’ Ret. Plan v. Dr Pepper Snapple Group, Inc., C.A. No. 2018-0227-AGB, 2018 WL 2473150 (Del. Ch. June 1, 2018), the Delaware Court of Chancery (Bouchard, C.) denied stockholders of Dr Pepper Snapple … Continue reading

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Shareholders of parent in reverse triangular merger lack appraisal rights

By Anne Sherry, J.D. The Delaware Court of Chancery held that the state’s corporation law does not provide appraisal rights to shareholders of the parent of a party to a merger, as the parent is not a “constituent corporation.” Furthermore, … Continue reading

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Federal Banking Agencies Issue Final Rule to Exempt Commercial Real Estate Transactions of $500,000 or Less from Appraisal Requirements:

  On April 2, 2018, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency issued a final rule that increases the threshold for commercial real estate … Continue reading

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