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Business Organizations Law

Notre Dame Law School

2018

Mergers

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Full-Text Articles in Law

Appraisal Arbitrage: In Case Of Emergency, Break Glass, Malaina J. Weldy Aug 2018

Appraisal Arbitrage: In Case Of Emergency, Break Glass, Malaina J. Weldy

Notre Dame Law Review

Part I of this Note introduces the appraisal remedy, outlining its history, purpose, and modern justifications. It also details the procedural process for bringing an appraisal claim. Part II examines the rise of appraisal in its current arbitrage form, delving into the various reasons set forth to explain its rise, as well as how the recent amendments to the Delaware appraisal statute have addressed these issues. This Part also analyzes Delaware’s recent merger price “presumption” trend. Part III puts forth several arguments in light of this trend, with the intent that such arguments will both justify and protect the ...