Fair value in shareholder disputes: Which adjustments are allowed?
Abstract: In disputes involving dissenting or oppressed minority shareholders, fair value is the sought-after standard of value. But, one of the most contentious issues when calculating fair value is: Which valuation adjustments apply? This article looks at that question, which was recently up for debate in a case decided by the Utah Supreme Court. A sidebar discusses a New York court that recently weighed in on the issue of shareholder-level marketability discounts in shareholder disputes. Utah Resources International, Inc. v. Mark Technologies Corp. (Utah 2014) Zelouf International v. Zelouf (N.Y. Sup. Ct. 2014)