In appraisal actions, expert witnesses are often retained by parties and serve very important roles in the determination of the value of a company’s shares.  We recently highlighted a decision involving a “battle of the experts” in the context of a Delaware appraisal proceeding here.

In the course of discovery, parties are required pursuant

Under Section 262 of the Delaware General Corporation Law (“DGCL”), the Court is authorized to add simple or compound interest to the appraised value to a dissenting shareholder.

The Court has discretion whether to award simple or compound interest.  In some cases, the court has simply awarded the legal rate of interest, or the Federal

In a prior post, we discussed valuation methodologies utilized by the Delaware Court of Chancery.  The Court of Chancery generally utilizes a discounted cash flow methodology in appraisal proceedings.

However, Delaware courts have incorporated other elements of future value in their valuation processes, so long as these elements were not “speculative.” For example, the

If you own shares of a Delaware company that has been merged or consolidated, and believe that you have not been given fair value for your shares, then you may want to consider petitioning the Court of Chancery to appraise your shares.

How are shares appraised during a stock appraisal proceeding?

The discounted cash flow