Appraisal Practice Points Post—<em>SWS</em>

Appraisal Practice Points Post—SWS

By: Andrew J. Colosimo, Steven Epstein, Christopher Ewan, Arthur Fleischer, Jr., Andrea Gede-Lange, David J. Greenwald, Randi Lally, Mark H. Lucas, Scott B. Luftglass, Brian T. Mangino, Brian Miner, Philip Richter, Robert C. Schwenkel , David L. Shaw , Peter L. Simmons , Matthew V. Soran, Steven J. Steinman, Gail Weinstein

In our Briefing last week—Are Below-the-Merger-Price Appraisal Results Likely to Become More Common?—The Critical Misconception Relating to the SWS Decision (click here)—we analyzed the SWS decision. In this Briefing, we discuss appraisal more generally, offering lessons learned and practice points. Among the topics covered are potential arguments to be made by respondent companies in appraisal proceedings; structuring possibilities that could be considered to eliminate or reduce appraisal risk; and practice points relating to a situation (as in SWS) where a bidder has extreme leverage.

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