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3 Sep, 2007 5:44 am
In Highfields Capital, Ltd. v. AXA Financial, Inc., 2007 WL 2410295 (Del. Ch., Aug. 17, 2007), read opinion here, the Chancery Court rejected the expert testimony of the experts of both parties and arrived independently at its own valuation in this appraisal proceedings pursuant to Section 262 of the Delaware General Corporation Law (Title 8 of the Delaware Code), in connection with the all-cash, all-shares merger of an insurance company. In this thorough opinion, the court engaged ...
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
3 Sep, 2007 4:28 pm by Steve Bainbridge
Delaware law blogger Francis Pileggi flags Highfields Capital, Ltd. v. AXA Financial, Inc., 2007 WL 2410295 (Del. Ch., Aug. 17, 2007), an opinion by VC Stephen Lamb that addresses in considerable detail yet with excellent clarity the appraisal remedy. Lamb provides a concise review of the relevant legal principles governing a Delaware appraisal proceeding, reviews the testimony of experts, rejects the expert tetimony from both sides, and then ...
Tags: Business
ProfessorBainbridge.com - http://www.professorbainbridge.com/
17 Aug, 2007 2:51 pm
Highfields Capital LTD. v. AXA Financial Inc., C.A. No. 804-VCL (August 17, 2007). This decision illustrates the point that in an appraisal proceeding the type of business involved may lead to a different approach to valuation. Typically, Delaware courts use the discounted cash flow method to set an appraisal value. Here, however, the Court held that a combined sum of the parts and shared synergies analysis was more appropriate for an insurance company valuation.
Tags: Summaries, Case
Delaware Business Litigation Report - http://www.delawarebusinesslitigation.com/
17 Aug, 2007 2:51 pm
Highfields Capital LTD. v. AXA Financial Inc., C.A. No. 804-VCL (August 17, 2007). This decision illustrates the point that in an appraisal proceeding the type of business involved may lead to a different approach to valuation. Typically, Delaware courts use the discounted cash flow method to set an appraisal value. Here, however, the Court held that a combined sum of the parts and shared synergies analysis was more appropriate for an insurance company valuation.
Tags: Appraisal
Delaware Business Litigation Report - http://www.delawarebusinesslitigation.com/
         
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