The business judgment rule has featured prominently in a number of recent breach of fiduciary duty cases in front of the Delaware Court of Chancery. Under the rule, the court must not interfere in a transaction if a majority of the minority shareholders approved the deal and the vote was “uncoerced and fully informed.” Read more >>

What do you think of this method a valuation expert and forensic accountant uses for allocating goodwill between its enterprise and personal components? Read more >>

Class actions have their own rules, including when it comes to expert testimony. An unresolved issue is whether damages expert testimony is subject to a Daubert inquiry at the class certification stage, before the court has approved the request to proceed as a class action. The U.S. Supreme Court has yet to give clear guidance, but defendants are increasingly proactive and move to exclude the testimony at the beginning of the litigation in an attempt to thwart class certification and knock the case out early. Read more >>

Tennessee does not consider personal goodwill in a solo proprietorship a marital asset. But what about trail income, the money a financial planner makes from managing his or her clients’ funds and portfolios? In Fuller v. Fuller, the owner-spouse argued the goodwill analysis applied to the treatment of trail income as well. The Tennessee Court of Appeals recently disagreed. Read more >>

"In a good valuation, the numbers are bound together by a coherent narrative, and storytelling is kept grounded with numbers," says Dr. Aswath Damodaran (Stern School of Business, New York University). Read more >>

Here's a roundup of the latest business valuation professional and firm news, originally published in Issue #174-2 of BVWire. Read more >>

In adjudicating a New Jersey family dispute that escalated into an oppressed shareholder action, the trial court recently found the oppressing shareholder had created a situation that mandated the application of a discount for marketability (DLOM) in order to achieve a “fair and equitable” outcome. Read more >>

BV experts take the stand in a high-stakes Tax Court case that pits the IRS against the estate of Michael Jackson. Read more >>

Here's a summary of the latest business valuation professional and firm news, originally published in Issue #174-1 of BVWire. Read more >>

A wrap up of the latest business valuation professional and firm news, originally published in Issue #173-4 of BVWire. Read more >>

The Federal Circuit recently found a reasonable royalty calculation that took into account the plaintiff’s profit margin was not a lost profits analysis in disguise. The plaintiff’s expert did not try to circumvent the “but for” causation requirement that applied to a lost profits claim. Read more >>

Valuation data from the January 2017 Healthcare Services Sector Update from Duff & Phelps. Read more >>

Announcements for firms and people involved in business valuation. Originally published in Issue #173-3 of BVWire. Read more >>

Listen to a free webinar on valuation issues with the legal marijuana industry and also get a free sample chart of accounts for a typical firm. Read more >>

In a right of publicity case, a woman is suing the Chipotle restaurant chain for $2.2 billion for using her photograph without her permission for advertising purposes. Read more >>

Professor Aswath Damodaran (New York University Stern School of Business) has released new data posts and data sets updated for 2017 related to valuation and the cost of capital, including historical stock returns, implied equity risk premiums, country risk premiums, and more. Read more >>

A press release from law consulting firm Altman Weil provides multiple takeaways for business valuation professionals, all of which indicate that law firm mergers and acquisitions are poised to continue in historic numbers. The industry trend is toward acquisition as the favored method for established firms to find new business. Read more >>

The use of the Delaware block method in Tennessee recently came under attack in a case involving a closely held Nashville, Tenn.-based media company whose controlling shareholders had pursued a squeeze-out merger and later asked the trial court for a judicial appraisal of the dissenting shareholders' interest. Read more >>

A recent bankruptcy-related case in front of the California Court of Appeal raises important questions about how one quantifies the value of a dated piece of art, a film, for which there never was a market in the first place. Read more >>

There were 1,536 healthcare M&A transactions in 2016, up 1% from 2015, but overall spending dropped to $255.7 billion from $400.3 billion in 2015, according to data from Irving Levin Associates Inc. Read more >>