In a recent presentation by attorneys from Cadwalader, it’s clear that appraisal rights continue to be an important topic in the M&A world. Slides 22 to 27 of the presentation cover appraisal rights, and one slide includes a series of factors they dub “Dell Compliant” that would make a deal more likely or less likely to reflect fair value.

The Delaware Court of Chancery first discussed the concept of being “Dell Compliant” in In re AOL Inc., 2018 Del. Ch. LEXIS 63 (Feb. 23, 2018). A digest of In re AOL and the court’s opinion are available at BVLaw.