Chancery Lauds Advisor’s ‘Heroic’ Efforts at Credible DCF

Business Valuation UpdateVol. 21 No. 11
Legal and Court Case Update
November 2015
2033 Canned Fruits, Vegetables, Preserves, Jams, and Jellies
311421 Fruit and Vegetable Canning
dissenting shareholder
damages, expert testimony, fair value, breach of fiduciary duty, discounted cash flow (DCF), merger, statutory appraisal, projections

In re Dole Food Co. (Dole III)
2015 Del. Ch. LEXIS 223
August 27, 2015
US
State Court
Delaware
Court of Chancery of Delaware
Al Garner, Lazard Frères & Co. LLC (financial advisor to committee); Kevin F. Dages (plaintiffs); unknown (defendants)
Laster

Summary

In joint fairness/statutory appraisal action, Chancery finds defendants’ fraud defeated financial advisor’s ability to produce reliable DCF, notwithstanding advisor’s “heroic” efforts to create “the most credible and reliable projections in the case.”

See Also

In re Dole Food Co. (Dole III)

In joint fairness/statutory appraisal action, Chancery finds defendants’ fraud defeated financial advisor’s ability to produce reliable DCF, notwithstanding advisor’s “heroic” efforts to create “the most credible and reliable projections in the case.”