The fair value remedy – Important considerations in minority shareholder disputes

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Abstract: Minority shareholders who feel mistreated in a major business transaction can file suit against controlling owners. For instance, a minority shareholder might object to a stock-for-stock or “squeeze-out” merger. Or, if a proposed transaction will reduce a minority shareholder’s compensation, divert corporate assets — or both — he or she may file an oppression suit. This article explains how, in such cases, courts will often apply a fair value remedy. (Updated 2/7/12)