Appraisal of Lender Processing Services, Inc.

In the recent appraisal decision of Merion Capital L.P. v. Lender Processing Services Inc., C.A. No. 9320-VCL (Del. Ch. Dec. 16, 2016), the Delaware Court of Chancery determined the fair value of petitioners' shares of stock in Lender Processing Services, Inc. (the "Company"). In January 2014, Fidelity National Financial, Inc. completed the merger by which it acquired the Company. The Court found that the fair value of the Company's common stock at the effective time of the merger is $37.14

Each party's expert used the discounted cash flow analysis in determine fair value of the shares, but came to different numbers.  Petitioners' expert determined that shares were worth $50.46/share, whereas the Company's expert came to a value of $37.14/share.  As cited by Vice Chancellor Laster: "[T]he DCF . . . methodology has featured prominently in this Court because it is the approach that merits the greatest confidence within the financial community." Owen v. Cannon, 2015 WL