VLB

Valuation & Litigation Briefing

Showing 1–16 of 333 results

  • Court favors “exceptionally knowledgeable” valuation expert

    September / October 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 443

    Abstract: In a recent breach of fiduciary duty case, the Delaware Court of Chancery dismissed the plaintiff’s challenges to a stock sale involving her late husband’s business. This article summarizes the case and explains how the use of a qualified, experienced valuation expert led to a “fair” outcome in the eyes of the court. Marion Coster v. UIP Companies, Inc., Steven Schwat, and Schwat Realty LLC, C.A. No. 2018-0440-KSJM Consolidated (Del. Ch., Jan. 28, 2020).

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  • FAQs about fairness opinions

    September / October 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 540

    Abstract: Mergers and acquisitions activity surged in the United States in the first half of 2021. A fairness opinion can protect against costly litigation if a deal’s projected results unexpectedly fall short or insolvency becomes likely. This article answers potential questions clients may have about these expert opinions.

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  • Estate planning for business owners – Act soon to take advantage of favorable federal tax rules

    September / October 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 884

    Abstract: Year end is always a good time for business owners to reevaluate their estate plans. But the exercise is particularly important this year, because Congress is considering proposals that would make the federal estate and gift tax rules less taxpayer friendly. This article highlights how proposed changes may prompt business owners to revise their current estate plans. A sidebar summarizes the Tax Court’s ruling on the value of Michael Jackson’s estate. Estate of Michael J. Jackson v. Commissioner, TC Memo 2021-48.

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  • How to reevaluate risk in the new normal

    September / October 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 621

    Abstract: As we emerge from the COVID-19 pandemic, many business owners and managers are grappling with the prospect of a “new normal.” This article explains how financial experts can help business owners get a better handle on risk factors in the current environment when evaluating operating and capital budgeting decisions.

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  • 3 methods to estimate value for buy-sell purposes

    July / August 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 441

    Abstract: Changes in business values during the pandemic may necessitate updates to companies’ buy-sell agreements. This article describes three common valuation methods used for buyout purposes — 1) prescribed formulas, 2) negotiated prices, and 3) independent appraisals — and how valuation experts can help owners implement buy-sell agreements that cover all the value-related bases.

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  • Focus on infringement – Federal court provides guidance on reasonable royalty evidence

    July / August 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 652

    Abstract: In patent infringement cases, plaintiffs are generally entitled to recover damages based on lost profits but never less than “reasonable royalties.” This article summarizes a recent U.S. district court ruling that provides guidance on the standards that damages experts are expected to meet in these cases. Meridian Manufacturing, Inc. v. C&B Manufacturing, Inc., No. C15-4238-LTS (N.D. Iowa, October 5, 2018). Georgia-Pacific Corp. vs. U.S. Plywood Corp., 318 F. Supp. (S.D.N.Y. 1970).

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  • White v. White – Is appreciation separate or marital property?

    July / August 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 563

    Abstract: When dividing property in a divorce case, courts in most states distinguish between separate and marital property. Generally, separate property isn’t subject to division, while marital property is. However, a recent Nebraska Supreme Court case highlights how an increase in the value of separate property may sometimes be classified as marital property and, therefore, be subject to division. White v. White, 937 N.W.2d 838 (Neb. 2020).

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  • The virtual reality of today’s legal meetings

    July / August 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 892

    Abstract: During the pandemic, virtual meetings have been used widely for various legal purposes, including court hearings, depositions, settlement talks and M&A negotiations. This article identifies potential pitfalls and ways to avoid them when conducting virtual meetings or testifying remotely. A sidebar highlights another lesson learned during the pandemic: Recycling valuation reports can be perilous, except in rare situations.

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  • Lucero v. United States – Court rules “severely distressed” company was overvalued

    May / June 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 443

    Abstract: A federal district court recently held that a married couple was entitled to a tax refund for a 2014 court settlement that included stock in a private business. This article summarizes the case and explains how the detailed analysis provided by an experienced business valuation professional helped persuade the court to uphold the taxpayers’ amended return. Lucero v. United States, Civ. No. 17-1065 JCH/JFR (D.N.M. Oct. 27, 2020).

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  • Eye on earnouts

    May / June 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 566

    Abstract: M&A activity has grown during the COVID-19 pandemic. That trend is expected to continue in anticipation of higher capital gains tax rates under the Biden administration. Earnouts have become particularly common for deals that happen during these uncertain times. This article covers some earnout options to consider.

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  • Bankruptcy court addresses effects of COVID-19 on value

    May / June 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 623

    Abstract: The COVID-19 pandemic has caused many businesses to struggle financially, forcing some to even file for bankruptcy. A critical factor when valuing a debtor in bankruptcy is current economic conditions. This article summarizes a recent bankruptcy court case that demonstrates the importance of using credentialed experts who fully consider the effects of the COVID-19 pandemic on value today. In re Body Transit, Inc. 619 B.R. 816 (Bankr. E.D. Pa. 2020).

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  • Measuring commercial damages

    May / June 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 863

    Abstract: When estimating damages in commercial litigation, experts must decide whether to compute lost profits, diminished business value — or both. This article compares the two metrics and explains how to avoid double dipping.

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  • Jensen v. Jensen – Are retained business earnings marital property?

    March / April 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 443

    Abstract: The Court of Appeals of Michigan recently addressed whether a business’s retained earnings should be included in a marital estate, if the business is one of the spouse’s separate property. This article summarizes the details of this case and why the court ultimately decided that this issue should be determined on a case-by-case basis. Jensen v. Jensen, No. 333569 (Mich. Ct. App., Jan. 9, 2018)

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  • Researching the effect of COVID-19 on the DLOM

    March / April 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 592

    Abstract: Business valuation experts often apply a discount for lack of marketability (DLOM) when valuing a private business interest. This adjustment reflects the relative difficulty of converting the interest into cash, quickly and at minimal cost, compared to publicly traded stocks. This article highlights common sources of empirical data that experts use to quantify the DLOM and explains how the COVID-19 crisis has affected the DLOM.

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  • How to calculate damages in fraud cases

    March / April 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 650

    Abstract: When courts order restitution from fraud, it may be difficult to determine how much the company has actually lost. This article explains how forensic accounting experts calculate damages in accordance with state laws and prepare presentations that convince judges to accept their conclusions.

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  • Shareholder buyout: Battle of the valuation experts

    March / April 2021
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 833

    Abstract: In a recent New York buyout case, the sole issue before the court was the fair value of the petitioner’s interest in the respondent corporation. This article explains that outcome ultimately turned on the credibility of opposing valuation experts and the soundness of their methods. A sidebar highlights another shareholder dispute where the Delaware Chancery Court was provided with unreliable valuation opinions from both sides. Sergio Magarik v. Kraus USA, Inc., No. 606128/2015 (N.Y. Sup. Ct., Apr. 28, 2020) William Richard Kruse v. Synapse Wireless, Inc., No. 12392-VCS (Del. Ch., Apr. 22, 2020)

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