Wayne L. Ryan Revocable Trust v. Ryan – Beware of “downward bias” in buyout cases

Description

Abstract: In shareholder disputes, a company (or the other shareholders) may elect to buy back shares of dissenting or oppressed shareholders to avoid corporate dissolution. The underlying consideration when courts evaluate the buyout price is fairness. This article summarizes a recent buyout case in which the Nebraska Supreme Court affirmed a district court’s finding that the “downward bias” of the company’s expert rendered his conclusion “inherently unreliable.” Wayne L. Ryan Revocable Trust v. Ryan, No. S-19-951 (Neb. April 9, 2021).