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Busy time for law firm M&A means appraisal ops

It was another busy year in 2016 for law firm M&As, according to a release from Altman Weil, which tracks this activity. BVR has a new installment in its series of What It’s Worth special reports: What It's Worth: Law Firm Value. This will help you better understand the special considerations when valuing a firm of this kind. Read more >>

Guidance for valuators on Washington state double dip jurisprudence

Double dipping is a tricky issue because different states have developed different approaches to it. Valuators specializing in divorce issues must know the controlling case law in the state in which they practice. A recent decision by the Washington state Court of Appeals clarifies its state's analytical framework in a case featuring a successful management consulting business the husband had set up and grown during the marriage. Read more >>

Chancery relies on income approach to determine fair value in problematic bank merger

In a statutory appraisal action, the Delaware Court of Chancery recently found the deal price did not reflect fair value because the sales process was suboptimal. Certain other methods the parties' experts used also were inadequate to the task, the court said. Read more >>

Healthcare industry hit most by FCA in 2016

Over half of the $4.7 billion in settlements and judgments the government recovered in 2016 under the False Claims Act (FCA) were from the healthcare industry. Allegations often revolve around the measurement of the fair market value of physician compensation. Read more >>

Comments due January 27 on third exposure draft of USPAP 2018-19

The issues under consideration include the definition of report and communication of assignment results. There’s also a proposed revision of the definition of appraisal review, as well as splitting the existing Standard 3 into two standards. Read more >>

Will an ACA overhaul derail value-based payments?

Healthcare reform has been moving the industry away from the traditional fee-for-service revenue model in favor of one where revenue is based on the quality of care. Will the ACA repeal-and-replace efforts under the new Trump administration put the brakes on this? A healthcare valuation expert comments. Read more >>

Compromised Section 1031 appraisal sinks Exelon tax strategy for fossil fuel power plant sale

U.S. Tax Court Judge David Laro frequently has cautioned experts not to give in to hiring attorneys who want to shape the appraisal. Although federal and state discovery rules offer some protection for attorney-expert communication, there is a risk of exposure and with it a risk of damage to the expert’s work product and reputation. A recent Section 1031 case, which Judge Laro handled, illustrates what happens when the communication is discovered. Read more >>

Latest methodology and practices for DLOM examined

A blue-ribbon panel of experts review the primary DLOM methods and reveal new survey data on which methods valuators rely on most. Read more >>

Chancery says bids in squeeze-out merger are not comparable

The Delaware Court of Chancery recently cut short a challenge to a going-private merger when it dismissed the plaintiffs' complaint. The plaintiffs unsuccessfully argued the defendants breached their fiduciary duties when they favored the controller's lower bid over a third-party bidder's higher offer. Read more >>

IRS addresses some concerns of valuators at Sec. 2704 regs hearing

IRS and Treasury officials on the hearing panel felt compelled to make a few remarks in response to the strong concerns of valuation experts, attorneys, wealth planners, and family business owners who testified. Read more >>

AICPA Tips for Testifying Experts

Appraisers working on litigated disputes face special challenges. Several workshops at the recent AICPA conference in Nashville provided insights and survival tips that benefit both the seasoned financial expert witness and the upstart. Read more >>

Recap of the IACVA/SECBA Atlanta conference

A few takeaways from Business Valuation in an Upside Down World, a two-day event co-sponsored by the Southeast Chapter of Business Appraisers (SECBA) and the International Association of Consultants, Valuators and Analysts (IACVA). Read more >>

Flawed yardstick analysis sinks lost profits award

A drawn-out damages case in which a startup compression sportswear company sued the defendant "private label" manufacturer over an abandoned licensing deal promised to make the plaintiff rich but ultimately ended with nominal damages. Read more >>

AICPA names new Forensic and Valuation Services committee chairs

Annette Stalker (Stalker Forensics) has been appointed as chair for the AICPA’s Forensic and Valuation Services Executive Committee; Michael Fahlman (Berkeley Research Group LLC) will chair the Forensic and Litigation Services Committee; and Nathan DiNatale (SC&H LLC) will assume the chair for the Business Valuations Committee. Read more >>

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