Court Validates Use of IPO Valuation in Fair Value Proceeding

BVLaw
Court Case Digests
August 29, 2017
8731 Commercial Physical and Biological Research
541715 Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology)
dissenting shareholder
damages, expert testimony, fair value, breach of fiduciary duty, discount for lack of marketability (DLOM), discounted cash flow (DCF), entire fairness, fraud, minority discount, projections, valuation methods, initial public offering (IPO)

Kottayil v. Insys Therapeutics, Inc.
2017 Ariz. App. Unpub. LEXIS 1179
US
State Court
Arizona
Court of Appeals
Unknown (plaintiff); unknown (defendants)
Jones

Summary

In shareholder suit involving pharmaceutical startup with uncertain prospects, appeals court upholds trial court’s rejection of expert testimony based on “traditional” valuation methods in favor of noncontemporary IPO valuation to determine fair value.

See Also

Kottayil v. Insys Therapeutics, Inc.

In shareholder suit involving pharmaceutical startup with uncertain prospects, appeals court upholds trial court’s rejection of expert testimony based on “traditional” valuation methods in favor of noncontemporary IPO valuation to determine fair value.

Court Validates Use of IPO Valuation in Fair Value Proceeding

In shareholder suit involving pharmaceutical startup with uncertain prospects, appeals court upholds trial court’s rejection of expert testimony based on “traditional” valuation methods in favor of noncontemporary IPO valuation to determine fair value.