The Delaware Chancery Court (DCC), it appears, may be living in the past. Despite new thinking on issues related to implied minority discounts, the DCC has tenaciously maintained that enterprise values for comparable guideline public companies must inherently be adjusted for control premiums. Though the experts who initially imbued this thinking into the DCC have since changed their minds, the court has held fast, creating an environment where legal standards regarding fair value are opposed to the guidance of the profession's top experts.
In Implied Minority Discounts in Statutory Fair Value: The Doctrine That Just Won't Die, expert appraiser Gil Matthews and Michael Wachter, legal scholar and close watcher of the DCC, will guide listeners through this sticky situation and the challenges it creates for anyone adjusting for minority discounts. Through their presentation, attendees will see the emergence and divergence of this issue and its wider repercussions and will be challenged to review their thinking on minority discounts and other control adjustments.