"Appraisal Rights: A Changing World"
Tuesday, May 13, 2014
2:00 - 2:45 pm, eastern [archive and transcript to follow]
Appraisal rights have been at the heart of many recent court decisions - and deal battles.
Learn from leading experts about how appraisal rights work in a changing world, how to overcome common problems, and more.
Join these experts:
- John DiTomo, Partner, Morris, Nichols, Arsht & Tunnell LLP
- Eric Klinger-Wilensky, Partner, Morris, Nichols, Arsht & Tunnell LLP
- Lisa Stark, Partner, Berger Harris LLP
This program will cover:
- Appraisal rights and 251(h):
- Even if public stock is used as acquisition currency in 251(h) deal, you still trigger appraisal rights
- Can use 14d-9 as notice of appraisal rights, and thus can have an appraisal condition
- Technical issues in setting a record date for a notice of appraisal rights
- Appraisal arbitrage:
- Trends in funds set up simply to pursue appraisal rights
- Recent Huff Fund opinion and interest rates in appraisal awards
- Appraisal Valuations:
- Recent cases regarding the extent to which courts can consider deal price in determining fair value (earlier opinion in Huff Fund litigation, Golden Telecom, Highlands and Union Illinois)
- Cases regarding valuing preferred stock (Orchard, Metromedia, James)
- Quasi-Appraisal remedies for disclosure violations (including Orchard case)
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