Emeritus Corporation v. ARV Assisted Living
An Analysis Group team led by Managing Principal Mark Egland
was retained by Latham & Watkins, counsel for ARV, to value options according to the terms of ARV's rights plan and to estimate damages to the plaintiff, an alleged holder of those rights. The plaintiff argued that the "poison pill" provision of the rights plan had been triggered and that ARV was required to issue options described in the rights plan. In order to value the options, we conducted a detailed analysis of the capital structure and corporate control changes that would have occurred if ARV's poison pill had been triggered.