Litigating Appraisal Actions: Key Issues and Considerations

Morris Nichols partner John DiTomo coauthored a Practice Note examining the key issues counsel should consider when litigating an appraisal action.

With additional focus on Delaware law, the article discusses preliminary considerations for stockholders seeking to exercise appraisal rights, perfecting appraisal rights, discovery-related issues, common approaches to determine fair value, whether the company should make a prepayment before the appraisal proceeding concludes, settlement considerations, presenting testimony and evidence at trial, allocating litigation costs, and appealing decisions on appraisal rights.

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Gregory A. Markel and John P. DiTomo, “Litigating Appraisal Actions: Key Issues and Considerations,” Practical Law (October 2024)

© 2024 Thomson Reuters. This article was originally published by Practical Law and has been reprinted with permission of Practical Law and Thomson Reuters. These materials have been prepared solely for informational and educational purposes, do not create an attorney-client relationship with the author(s) or Morris, Nichols, Arsht & Tunnell LLP, and should not be used as a substitute for legal counseling in specific situations. These materials reflect only the personal views of the author(s) and are not necessarily the views of Morris, Nichols, Arsht & Tunnell LLP or its clients.