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Despite Less-Than-Optimal Sale Process, Court Relies on Deal Price for Fair Value

In statutory appraisal of public company, court relies on deal price; presigning sale process was “suboptimal,” but post-signing market check was “effective”; there was an argument for upward adjustment to deal price based on an increase in the company’s value between merger announcement and deal closing.

In re Stillwater Mining Co. 2017 0385 JTL

In statutory appraisal of public company, court relies on deal price; presigning sale process was “suboptimal,” but post-signing market check was “effective”; there was an argument for upward adjustment to deal price based on an increase in the company’s value between merger announcement and deal closing.

DE Chancery Accused of Becoming Its ‘Own Expert Witness’

Delaware Supreme Court affirms $2 billion award for minority shareholders, based on finding that Chancery Court did not become “its own expert witness” in calculating fair value of shares from various sources, including expert DCF values.

Americas Mining Corporation v. Theriault

Teaser: Delaware Supreme Court affirms $2 billion award for minority shareholders, based on finding that Chancery Court did not become “its own expert witness” in calculating fair value of shares from various sources, including expert DCF values.

Delaware Chancery Questions ‘Relative’ Valuation by Goldman Sachs That ‘Obscured’ Market Facts

Delaware Chancery finds merger process and price tainted by “relative” DCF valuations that obscured “real world” market values and orders $1.3 billion in damages, based on its own calculation of DCF of acquired company.

In re Southern Peru Copper Corp.

Delaware Chancery finds merger process and price tainted by “relative” DCF valuations that obscured “real world” market values, and orders $1.3 billion in damages, based on its own calculation of DCF of acquired company.

Kim Brown v. Carlton Brown

The Tennessee Court of Appeals affirmed the lower court’s decision denying a deduction for personal goodwill in the valuation of the parties’ business.

Personal Goodwill Must Be Valued Separately

The Tennessee Court of Appeals affirmed the lower court’s decision denying a deduction for personal goodwill in the valuation of the parties’ business.

Failure to prove active appreciation in value of stock results in remand

The issue in this case was the characterization of husband’s interest in a mining company. The parties were married in 1968.

Harrower v. Harrower

The issue in this case was the characterization of husband’s interest in a mining company as marital property.

Patent Infringement Damages

Minco, Inc. v. Combustion Engineering, Inc. , Nos. 96-1005, 96-1033, 95 F.3d 1109 (U.S. Court of Appeals, Federal Circuit, Sept. 10, 1996 ). Judges Rader, Cowen and Schall. Trial court a ...

Minco v. Combustion Engineering

At issue in this patent infringement case is the defendant's claim of infringement, intervening rights, best mode, pre-assignment damages, calculation of the reasonable royalty, entitlement to lost profits, and willful infringement.

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