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

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