News Category: patents


Damodaran updates data-rich cost of capital spreadsheets

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 >>

Law firm acquisitions maintain torrid pace, spelling more opportunities for valuation pros

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 >>

Tennessee dissenters claim Delaware block method is passé

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 >>

Flop film poses unique valuation challenge

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 >>

New Star Wars film blockbuster fuels celeb estate valuation issue

For Rogue One: A Star Wars Story, the late actor Peter Cushing was “digitally resurrected” and appears as the future Death Star commander. Some stars are now taking action, such as having themselves scanned, so they, too, can provide for their heirs when they’re in the hereafter and enhance the value of their right of publicity. Read more >>

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 >>

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