Legal news site Law360 provides this analysis [$$$] of what has occurred in Delaware law in the third quarter of 2019, including developments in appraisal. As the Delaware courts have grappled with the trio of Delaware Supreme Court decisions impacting appraisal – DFC Global, Dell, and Aruba – the decisions coming from the Chancery courts – some currently being appealed* – continue to both define what factors courts will consider in appraisal proceedings and blur the line between appraisal (at least in instances of appraisal arbitrage) and fiduciary duty litigation, where actual wrongdoing is required.
*Lowenstein Sandler is counsel to petitioners in certain cases mentioned in the Law360 piece.
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