Peter Mahler and the Hon. Ira Warshawsky will be presenting “Current Issues in New York Fair Value Shareholder Proceedings” at the FAE/BVR Business Valuation Conference on May 17th in New York City. Mahler was recently featured in “Fair Value with Peter Mahler, Esq,” a podcast in which he was interviewed by Mark S. Gottlieb.   Among other points, he stressed key considerations when using fair value:

• Follow the three common valuation approaches and make sure each approach is accounted for in the report. 
• The case law provides a pretty good road map about what the lawyer and the expert need to do.  The lawyer must be familiar with case precedents and the range of marketability discounts that the courts tend to uphold.
• It is the appraiser’s responsibility to know what discounts are applicable. There are still a lot of cases where the lawyer makes the mistake of not telling their experts they cannot use the minority discount in NY. 

Click here for the complete podcast.