Commentary on the recent Jarden decision has focused, unsurprisingly, on the use of unaffected stock price in the decision after some commentators viewed the methodology as dead after Aruba.  As a recap, unaffected stock price methodology involves determining the fair value of an acquired company using its stock price before the merger announcement.

Some commentary on Jarden:

But the National Law Review had a somewhat different take, cautioning against viewing one data point as the (re)start of a trend, writing “In general, Jarden demonstrates that, in statutory appraisal actions, the Court’s determination of fair value will remain primarily a fact-intensive inquiry involving consideration of different valuation methodologies, as appropriate.”

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