News Category: buy/sell agreement


Avoiding Ethics Violations When Working on Divorce (or Other) Cases

At the recent AAML/BVR divorce conference, held May 8-10 in Las Vegas, one of the sessions that best conveyed the advantages of an interdisciplinary discussion was on ethics. The topic was “Ethics Violations: How to Avoid the Letter No One Wants to Receive,” and the speakers were Marie Ebersbacher (CBIZ MHM LLC), an appraiser and financial forensics expert, and Lawrence Moskowitz (Perry, Johnson, Anderson, Miller & Moskowitz LLP), a family law attorney. Read more >>

Underdeveloped Comparability Analysis Leads to Exclusion of Reasonable Royalty Opinion

In the recent patent infringement case, Meridian Mfg. v. C&B Mfg., 2018 U.S. Dist. LEXIS 172243 (Oct. 5, 2018), both parties raised Daubert challenges to the opposing expert’s damages opinions. This provides a good reminder of key legal principles informing reasonable royalty and lost profits calculations. Read more >>

Do the Valuation Multiples You’re Using Actually Apply to Your Firm?

In my last Perspective (November 2018), I touched on the importance of why using the “right” level of profit was important when comparing valuations of one’s firm to others on an earnings multiple basis (e.g., 4.2x EBITDA, 3.9x EBIT, etc.). Although there are various levels of profit that firms rely on for quick pricing indications, I focused solely on EBIT (earnings before interest and tax) and EBITDA (earnings before interest, tax, depreciation & amortization) for the sake of simplicity. Read more >>

New survey uncovers the most effective ways to get more business valuation clients

Over 160 business valuation, forensic, and litigation support (BVFLS) firms responded to BVR’s survey conducted in late 2018 on their best practices in financial management, marketing, human resources, compensation, and professional and ownership standards. While respondents said they use many different marketing techniques, the one-on-one meeting with prospective clients continues to be the best way to bring in valuation business. Read more >>

In about face, Florida Supreme Court abandons Frye for Daubert

Florida has a history of wavering when it comes to the standard for admissibility of expert testimony. Not too long ago, the state Supreme Court frustrated legislative efforts to move the state from the Frye standard to the Daubert standard only to reverse itself recently by announcing the adoption of Daubert. Read more >>

The Secrets to Expert Testimony That Engage and Persuade a Court

It happens more than you think. Smart experts who know what to say sometimes falter in how they say it. How can you ensure this doesn’t happen to you as an expert? In a recent article published in BVR’s Business Valuation Update, expert Deborah Johnson, MC, covers the secrets to expert testimony that engage and persuade the court including what jurors want, a polished preparation, hard skills vs. soft skills, and more. Read more >>

Top management practices for business valuation, forensic, and litigation support firms

According to BVR's recent guide, Firm Economics & Best Practices Guide, 2019-2020 edition, the BVFLS industry seems to be on an uptick. What are some of the specific practices used to guarantee these great results? A partial list of the most successful new management practices or policies are listed here. Read more >>

When the marriage is over, what is the physician practice worth?

When a physician gets divorced, the value of his or her ownership interest in the practice is often included as an asset for property distribution purposes. In the BVR/AHLA Guide to Healthcare Industry Finance and Valuation, contributing author Stacey D. Udell dives into how the value of a physician practice is based on the valuator’s informed judgment applied to the specific facts and circumstances. Read more >>

10 key takeaways from the 2019 AAML/BVR National Divorce Conference in Las Vegas

Hundreds of family law attorneys and financial experts converged last week in Las Vegas for the first event the American Academy of Matrimonial Lawyers (AAML) and Business Valuation Resources (BVR) co-sponsored. Attorneys along with valuation, forensics, wealth and other financial experts co-presented the sessions, which gave invaluable perspectives on the topics. Read more >>

Kress gift tax case signifies approval of tax affecting—at least in federal district court

One aspect that has valuators excited about the Kress v. United States gift tax case is that the federal court that ruled on the taxpayers’ challenge to the IRS’s gift tax assessment accepted valuations from both parties’ experts that applied a C corporation tax rate to value minority shares in an S corporation. Read more >>

Corporate Cannabis: One-Hitter or Here to Stay?

This is the second installment in ktMINE's Cannabis series. In Part I, it discussed the marijuana IP landscape in general and explored trademarks in the industry. In this post, it investigates the potential movement of Big Pharma and multinational agricultural corporations into the cannabis space. Read more >>

Valuing goodwill in divorce: State-by-state breakdown of enterprise & professional goodwill jurisprudence

Appraisers working on divorce cases know that goodwill is a fundamental concept they have to master. What makes it challenging is that divorce is a state matter and that different states adhere to different rules as to how to treat goodwill. BVR is excited to offer legal and valuation professionals a handy reference guide that includes a state-by-state breakdown of goodwill jurisprudence Read more >>

New survey results on the business valuation, forensic, and litigation support profession

BVR recently surveyed more than 160 business valuation, forensic, and litigation support (BVFLS) firms on best practices in financial management, marketing, human resources, compensation, and professional ownership and standards. The wealth of information that comprises our new guide makes it the largest and most thorough analysis of BVFLS firms. Read more >>

Appeals court upholds Lund buyout ruling and fair value determination

A protracted Minnesota buyout dispute involving the heirs to a local grocery store empire, Lunds & Byerlys, may have reached the end following a recent ruling from the state appeals court. The reviewing court upheld the trial court’s decision to grant the minority shareholder’s request for a buyout as well as the court's fair value determination. Read more >>

7 steps to managing an intellectual property engagement

There is an inherent flow to managing an intellectual property valuation engagement. In BVR’s publication, Guide to Intellectual Property Valuation, 2nd edition, author Michael Pellegrino outlines the typical process and steps that a valuation professional may want to follow when performing an intellectual property (IP) valuation. Read more >>

7 Tips for Valuing—and Designing—Buy-In and Buyout Agreements for Medical/Dental Practices

Healthcare valuation expert Mark Dietrich, who has more than 40 years of experience designing and valuing buy-in and buyout agreements, recently wrote an article for the Business Valuation Update identifying a number of best practices for both valuation analysts and consultants with respect to these matters. Read more >>

Post-trial briefs in Vinoskey ESOP trial point to fierce valuation fight

The DOL’s aggressive oversight strategy concerning ESOPs has led to a number of controversial lawsuits, including, most recently, the Acosta v. Vinoskey case, which, in the past few months, went to trial over the DOL's overpayment claim. Read more >>

Categories