Joseph Maloney

May 1, 2024 | businesslawtoday.org | Yelena Dunaevsky |Acquisitions Law |Michael Cliff |Joseph Maloney

CURRENT MONTH (April 2024)Merger Objection Lawsuits Are a “Racket” Benefiting No One but Plaintiffs’ LawyersBy Yelena Dunaevsky, Esq., SVP & Partner, Transactional Insurance In an April 15, 2024, decision, the United States Court of Appeals for the Seventh Circuit took up the question of “mootness fees,” which companies in the middle of a merger or acquisition typically pay to make the plaintiffs’ lawyers who are threatening that merger or acquisition go away.

Apr 29, 2024 | businesslawtoday.org | Michael Cliff |Joseph Maloney

Recent appraisal actions before the Delaware Court of Chancery highlight the need for clarity about the assumptions—both explicit and implicit—in the terminal value component of discounted cash flow (“DCF”) models used for the valuation of companies. Terminal value is the lump-sum discounted value of all cash flows expected to occur after the explicit forecast period.