Business Valuation Update
- How to Review a Report’s Valuation Methodology
- Ideas for Solving Two Problems in the BV Profession
- How Do Your Firm’s Benefits Stack Up?
- Using Rule of Thumb Data to Uncover Cooked Books
The Implied Private Company Pricing Model (IPCPM) Ko = (FCFF1 / P) + g
Editor’s Note: The authors have developed a model designed to be more reliable than the build-up method for estimating the cost of capital of a small privately held business. This model uses the authors’ new Implied Private Company Pricing Line 2.0 (IPCPL ...
BVU News and Trends March 2019
A monthly roundup of key developments of interest to business valuation experts.
A Forgotten Statistical Concept Tells Why Your Multiple May Be Wrong
In 1885, Sir Francis Galton published a breakthrough treatise entitled Regression Toward Mediocrity in Hereditary Stature. In it, he demonstrated that the children of very tall or very short people tended toward average over time. Galton interpreted this ...
ISO 10668 and Brand Valuations: A Summary for Appraisers
In 2010, a major proprietary brand valuation service, BrandZ, ranked Google’s brand number one in the world, with a value of $114 billion. Interbrand, another highly respected brand valuation organization, put it only in fourth place, with a meager $44 bi ...
BVU News and Trends February 2019
A monthly roundup of key developments of interest to business valuation experts.
BVU Profile: The Challenges of Bringing a New BV Methodology Into Acceptance
Peter J. Butler, CFA, ASA, founding principal of Valtrend (Eagle, Idaho), has championed a more quantitative and empirical approach to developing the cost of capital. This approach is embodied in the Total Cost of Equity Calculator, also known as the Butl ...
BVU News and Trends May 2019
A monthly roundup of key developments of interest to business valuation experts.
Supplement: International Glossary of Business Valuation Terms Redlined Version
Download a sample redlined version of the International Glossary of Business Valuation Terms above.
Merger Prospectus Criticized for Misleading Discount Rate and Management Projections
Delaware Chancery enjoins merger based on flawed proxy statement, including overstated discount rate in valuation and selectively chosen cash flow projections.
Delaware court adds control premium to subsidiary value
As of September 15, 1992 (the Valuation Date), Industries' principal asset was 100% of the Class A shares of Fred Weber, Inc. ("FWI"). Employees of FWI owned 100% of FMI's Class B shares. In ...
Lack of Cash Flow Projections Compels Use of DCCF
In statutory appraisal action, Chancery agrees with experts that lack of management cash flow projections precludes use of DCF analysis, and adopts DCCF method resolving valuation disputes related to experts’ inputs and calculations.
Tax Court, Frustrated by Inadequate Data, Inscrutable Analyses, Bases Reasonable Compensation on RMA Ratios
The issue in this case was the reasonableness of compensation paid to the shareholder and primary officer of Brewer Quality Homes Inc. (Brewer).
Delware Chancery Prefers Use of Merger Price to Determine Fair Value
In statutory appraisal action, Chancery finds experts’ comparable analyses and DCF analyses are unreliable techniques with which to determine the target’s fair value; instead, the court opts to adopt the merger price, which it says resulted from a sales p ...
Delaware Chancery’s Preference for DCF Turns on Credible Projections
Delaware Chancery conducts thorough DCF analysis in breach of fiduciary duty/appraisal action, with emphasis on credible management projections and inputs.
Chancery Adopts Merger Price Sans Cost Savings Reduction
Chancery agrees with company expert’s reliance on merger price as best estimate of fair value of company where DCF and comparable companies analyses lack reliable data, but court rejects downward adjustment for purported cost savings related to merger.
Chancery Assigns Secondary Role to Post-Merger DCF
In an appraisal action, Chancery says merger price stemming from robust sales process is best indicator of value; court’s own DCF valuation “is close to the market,” but problematic projections make it more suitable as a check on the sales-derived price.
Chancery Validates Tax Affecting in Fair Value Case
In statutory appraisal, Chancery affirms need for tax affecting in calculating projected free cash flows for DCF model; “operative metric” under Kessler model is amount of funds available for distribution to shareholders, not actual distributions made.
‘Hybrid’ Approach to Quantify Loss of Beer Franchise Contracts
Court uses hybrid approach to quantify diminished value in business resulting from franchisees’ loss of beer brands; it means determining FMV of franchise contracts by way of DCF and adding loss in value of other assets directly related to loss of brands.
Valuation of high-tech companies requires modification of standard approaches
The valuation of early stage technology companies ("high-tech") is significantly more challenging than valuing more mature businesses in other industries. These companies are commonly characterized by ...
Court of Chancery Rules Unaffected Market Price Is Best Evidence of Fair Value
Court finds record shows unaffected market price is best evidence of fair value; court says company expert’s efficient market analysis and event study provide strong support for use of market price; court’s own DCF analysis generates value close to market price, thus corroborating market price.
Novel Beta Method Occasions Rebuke From Court of Chancery in Appraisal Case
In appraisal proceeding, Court of Chancery adopts petitioner expert’s DCF-based model for calculating fair value, making slight adjustment to expert’s size premium; on beta calculation, court finds respondent expert’s novel approach “does not survive judicial scrutiny” and raises Daubert issues.
Minority Shareholder Receives Award of $12 Million for Breach of Contract, $58 Million Buyout Award for Minority Interest
This shareholder dispute case involved two businesses three brothers in Minnesota owned. One of the brothers, Jim Koch, had a falling out with the other two, Randy and Dave Koch. A temporary agreement was made among them in 2006, but subsequently the relationship and actions of the parties deteriorated. In particular, an IRS audit of the two businesses triggered a disagreement as to whether required payments under the agreement had to be tax deductible. Certain actions by the defendants breached the 2006 agreement as determined by a jury resulting in a damages award of $12 million. The court then held a bench trial to determine the value of the two businesses for determining the buyout amount for Jim’s interest in both businesses. Experts for each side testified as to value. The opinion provided a good analysis of the various issues in the methodologies each of the experts used.
Tax Court Hands Jackson Estate Major Win but Finds Reasoning for Tax Affecting Unpersuasive
Tax Court mostly sides with estate of late superstar in valuing three contested assets; assets had to be valued separately, based on parties’ stipulations, and at death; court says Jackson’s “tattered” image and likeness meant he earned little money apart from his music; court rejects tax affecting.