During a recent BVR webinar, Karolina Calhoun (Mercer Capital) discussed valuation adjustments and potential forensic implications in litigation. She points out that it’s not uncommon in a contentious matter, such as a marital dissolution or business divorce, for the other side to not be totally forthcoming with information or may not even allow a site visit. If that happens, she advises that you go to your side’s attorney, who can go to the court and ask for relief. The Honorable Matthew F. Cooper, a New York State Supreme Court Justice, who spoke at last year’s ASA Advanced BV Conference, backs up her advice. He says that, if the other side is not cooperating, ask the judge to intervene. Judge Cooper looks “very negatively” at the party that stymies an expert’s access to the subject business. Valuation experts forced to go this route say they have never seen a judge deny a motion for a site visit. Calhoun observes that, while this will get you on-site, it doesn’t mean you’ll be welcome with open arms. You may face a lot of simple “yes” or “no” answers or very brief responses to your questions, she says. In that case, she adds, the expert will lean more heavily on industry benchmarks and other data to substantiate his or her analysis and potentially disclose whether the other side is holding back information that would otherwise be important for the analysis. A recording of Calhoun’s webinar is available if you click here (purchase required unless you have a BVR Training Passport).