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Commentary
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Ropes & Gray LLP | USA | 10 Apr 2019

Chancery Court revisits fair value analysis in AOL appraisal action

The Delaware Court of Chancery has issued its original opinion in a consolidated appraisal action arising out of Verizon Communications Inc's 2015 acquisition of AOL Inc. In contrast to a recent string of Delaware appraisal decisions, the court determined that reliance on the $50 per share merger price for determining AOL's statutory fair value was not warranted.
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Ropes & Gray LLP | USA | 27 Mar 2019

Court provides guidance on applicability of transaction price as measure of fair value

Two Delaware appraisal decisions issued in 2018 illustrate that, following the Delaware Supreme Court's decisions in Dell and DFC, the Delaware courts remain willing to give substantial evidentiary weight to a deal price as an indicator of fair value where the underlying transaction is the product of an open process characterised by the objective indicia of reliability.
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Eversheds Sutherland (US) LLP | USA | 26 Mar 2019

FERC to examine electric, gas and oil return on equity policies

On March 21, the Federal Energy Regulatory Commission (“Commission” or FERC) issued a notice of inquiry (NOI) seeking industry comments regarding the…
Article
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Proskauer Rose LLP | USA | 26 Nov 2018

Valuation of Illiquid Securities as a Focus of Recent Enforcement Actions

While the SEC consistently announces that valuation is a “key area of focus,” it is uncommon for regulators to “second guess” valuation…
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Troutman Pepper | USA | 20 Nov 2018

FERC Directs Briefing on Application of New ROE Methodology

On October 15, 2018, FERC issued two orders involving rate of return on equity (“ROE”): the first was an order directing parties in two proceedings…
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Troutman Pepper | USA | 25 Oct 2018

FERC Proposes Change in ROE Methodology, Directs Briefing

On October 16, 2018, FERC proposed a new method to determine whether a utility's return on equity ("ROE") remains just and reasonable under section…
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K&L Gates LLP | USA | 4 Sep 2018

Chancery Court sets fair value in appraisal action at deal price less synergies

In In re Appraisal of Solera Holdings, Inc., C.A. No. 12080-CB (Del. Ch. July 30, 2018), the Delaware Court of Chancery, applying an adjusted deal…
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Daoust Vukovich LLP | Canada | 27 Jun 2018

Ontario Court of Appeal Provides Measure of Damages When Landlords Are Forced to Sell

A recent decision by the Ontario Court of Appeal has clarified the allowable measure of damages that a landlord can claim when it is forced to sell a…
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Taxand | Netherlands | 1 Jun 2018

New Transfer Pricing Decree in the Netherlands

On the 11th of May the Secretary of State for Finance published a new Transfer Pricing Decree and a Decree concerning the Coordination Group on…
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Skadden Arps Slate Meagher & Flom LLP | USA | 29 May 2018

Dell and Fair Value in Statutory Appraisal Actions

The development of Delaware appraisal law has continued with the Delaware Supreme Court’s highly anticipated December 2017 appraisal opinion in Dell…
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