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Three different court rulings on the use of discounts in the divorce context

Case law matters. Every month, BVLaw analyzes the most noteworthy court decisions dealing with valuation and damages issues. Subscribers should check out digests of three recent divorce rulings different state courts issued. All the cases dealt with the issue of whether it was appropriate to discount the owner-spouse’s interest in a closely held business. Read more >>

Conference season is upon us: Key takeaways from the ASA/USC Fair Value Conference in Los Angeles

The growing importance of fair value for financial reporting and the ongoing efforts to improve the quality in this area triggered a sell-out for the live ASA/USC 13th Annual Fair Value Conference. For those not able to attend in person or tune into the webcast, BVR’s own executive editor, Andy Dzamba, was there and shares his key takeaways from the event. Read more >>

20 questions to ask when performing due diligence for an intellectual property valuation

To analyze and come up with a valuation, you need to perform due diligence to uncover the facts related to the intellectual property. In BVR’s Intellectual Property Valuation Case Law Compendium, expert Thomas Wolfrum (Wolfrum Family Law) suggests asking the following questions. Although the context of these questions were originally for a divorce engagement, many of these questions apply to other engagements where intellectual property (IP) is involved. Read more >>

ESOP case alive (for now), but court limits damages testimony under Daubert

In a developing ESOP case, the government recently suffered a setback when the court agreed with the trustee that portions of the damages testimony the government’s expert proposed failed to hold up under the Daubert reliability prong. Read more >>

Tenn. Appeals Court says DLOM in divorce appropriate under facts of case

A recent Tennessee appeals court decision found that the trial court presiding over a drawn-out divorce had discretion to apply a marketability discount when it valued the owner-spouse’s interest in two companies in 2016. Read more >>

Tips on choosing the best valuation approach when valuing home healthcare businesses

As with other industries, a unique set of variables drive the profitability and risks associated with home healthcare service lines, making it difficult to make global assumptions. Appraisers need to develop an understanding of each home healthcare service line and how they interact if the subject business operates in two service lines or more. Appraisers also need to choose the best valuation approach for the unique service line they are valuing. Here are a few tips on each of the approaches. Read more >>

20 Points to Consider for Valuations Under the New Tax Law

Since the Tax Cuts and Jobs Act was enacted, BVR has been gathering opinions and observations from valuation experts about the impacts of the new tax law on valuations. Here's a list of some points to consider that is by no means exhaustive but is a good starting point. Read more >>

Court of Chancery disregards deal price where sales process is not ‘Dell compliant’

Recent rulings from the Delaware Supreme Court make it seem as if the discounted cash flow analysis has lost its top ranking among valuation methodologies in statutory appraisals involving publicly traded companies. Not exactly. Read more >>

Top five business valuation tips from recent training webinars

As a busy business valuation professional, you may not always have the time to attend training events. We’ve compiled the top five tips from recent BVR webinars on the most timely and important topics in the profession. Read more >>

Should appraisers be guessing on company-specific risk?

Of all the components that make up the cost of equity (COE), the company-specific risk premium (CSRP) often has the biggest impact on your discount rate. And, while appraisers rely on hard data for all of the other inputs in the COE, the CSRP is more or less a guess—which can send your business valuation off course.​ Check out BVR's infographic. Read more >>

What’s an auto dealership worth? Explore the four primary value drivers

From a business valuation perspective, automobile dealerships are different from other commercial businesses. In fact, the unique nature of the car-buying experience is only one of many unique aspects that make it tough for owners to answer the common question, “what is my car dealership worth?” To provide a road map for owners who may be considering selling their dealership and for the business appraisers tasked with valuing them, BVR asked experts to identify the top factors that impact the value of new car dealerships. Read more >>

Court of Chancery exalts stock price as most accurate indicator of fair value

The Delaware Court of Chancery recently had an opportunity to put into practice the directives the state’s high court had issued in DFC Global and Dell in terms of calculating fair value in a statutory appraisal proceeding. Read more >>

Survey says? Alternative approach to the fair market value of physician compensation

For well over a decade, the use of physician compensation surveys has been the predominant paradigm for establishing the fair market value of physician compensation. In two recent BVR webinars on the fair market value of physician compensation, healthcare valuation experts Mark Dietrich and Timothy Smith refute conventional wisdom regarding the compensation hospitals pay to employ physicians and offer an alternative approach to determine fair market value. Read more >>

What are the advantages and disadvantages of patents, copyrights, trademarks, and trade secrets?

Empirical evidence suggests that intellectual property (IP) drives a significant portion of the market value of companies today. In Michael Pellegrino’s “Guide to Intellectual Property Valuation,” he presents a set of evergreen due diligence procedures and considerations that practical IP valuation analysts can use today to create credible and defensible IP valuations. One of the most important topics he covers, while fairly basic, is the four types of IP and their advantages and disadvantages. Read more >>

Zyla Gives Update on Fair Value Developments

We attended the Southeast Chapter of Business Appraisers (SECBA) conference in Atlanta last month where Mark Zyla (Acuitas) talked about how the area of fair value is serving as a focal point for the profession to unify itself. Read more >>

Michigan court explains treatment of S corp’s retained earnings in divorce

The overarching issue in a recent Michigan divorce case was appreciation. Did the nonowner spouse (wife) have a right to a portion of the increase in value of her husband’s separate property, an S corporation? A related issue, and one that posed a question of first impression in Michigan, was how to treat the company’s retained earnings. Read more >>

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