Analyzing Value Changes between Signing and Closing in Delaware Appraisal Actions

01 April 2020
Jonathan Polonsky

Senior Consultant Jonathan Polonsky has published “Valuation Issues During the Temporal Period in Delaware Litigation,” where he discusses how to navigate a situation in appraisal actions when the company being acquired has increased in value between the signing and the closing of a merger agreement. He gives examples of cases where petitioners argued to the court that such an increase had occurred and suggests methods that could be used by experts to determine whether value has increased during the “temporal period” in appraisal litigation.