News Category: valuation profession news


ASA squarely aligns itself with trustee and appraiser in Brundle ESOP litigation

One of the most controversial ESOP cases, Brundle v. Wilmington Trust, has now entered the appeals court phase. In 2017, the district court found that the trustee had caused the plan to overpay by $29.8 million by failing to scrutinize the financial advisor’s obviously flawed valuation analysis and value conclusions. The trustee and valuator had strong ESOP credentials. Read more >>

Grow your business valuation practice and brand with these top tips

I want to grow my business valuation practice and brand, but where do I start? Business Valuation Update had the pleasure of talking with Debby Sweeney and Mellanie Bartlett, co-owners of Sweeney & Bartlett Marketing Partners Inc. Sweeney and Bartlett work with a number of business valuation (BV) firms, as well as other professional service firms, including attorneys, CPAs, and professional associations, to help them build their corporate and individual brands. Read more >>

Delaware Chancery explains logic behind use of market price in Aruba case

After the petitioners in a statutory appraisal action recently lost big, they undertook a multifaceted assault on the Delaware Court of Chancery’s decision to use the unaffected market price as the indicator of value. Their motion for reargument went nowhere. Read more >>

How to document the life for the projection period with respect to noncontractual customer-related intangible assets

Under the new requirements for fair value for financial reporting, valuation experts will be expected to have a certain amount of documentation in their work files. The new requirements are contained in the Mandatory Performance Framework (MPF) for the Certified in Entity and Intangibles Valuation (CEIV) credential. Regardless of whether you hold the CEIV credential or not, anyone doing fair value for financial reporting should comply with these new rules. Read more >>

AICPA’s move to allow non-CPAs to get ABV sparks strong reaction

A number of prominent CPA/ABVs are urging the AICPA to reconsider a recent decision by its governing board to allow non-CPAs to be eligible for the Accredited in Business Valuation (ABV) credential. Please take a survey and give your thoughts. Read more >>

Can a nonprofessional business have personal goodwill? Arkansas court explains

Arkansas is one of the many states that differentiate between enterprise goodwill and personal goodwill. The former is marital property and divisible at divorce; the latter is not. A question that has come up in recent years is whether the owner of a nonprofessional business can claim personal goodwill whose value is excludable from the marital estate. Read more >>

Special situations affecting home healthcare value

Healthcare is arguably the most highly regulated industry in the country. For any healthcare valuation, appraisers should have a reasonable understanding of regulations affecting healthcare providers and nonprofit organizations and a grasp of the current changes that Congress and state legislatures may enact. Excerpted from the Guide to Ancillary Healthcare Services Valuation, here are some special considerations to take into account when valuing home healthcare businesses. Read more >>

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 >>

Categories