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Stay appraised of all the latest business considerations in the jewelry industry! The report explains how jewelry stores operate, the nature of their revenue streams, value drivers, the industry environment, the risks involved, and other key factors.
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Eggett v. Wasatch Energy Corporation
Issue was whether former officer and stockholder was entitled to book value or par value under the parties' shareholder agreement.
In re Breitburn Energy Partners LP
Court finds debtor is hopelessly insolvent; court values two types of oil and gas assets under NAV and precedent transaction analyses, respectively, finding, in terms of NAV analysis, debtor’s expert is more credible on issues of pricing, forecasting, risking, and predicting costs.
Energy Capital Corp. v. United States
The U.S. Court of Appeals for the Federal Circuit rejected the government’s position that the per se new business rule should be applied to preclude the recovery of the new business’s lost profits.
Guardian Energy, LLC v. County of Waseca
State high court rejects tax court’s external obsolescence calculation related to special purpose property valuation, finding it represents an insufficiently explained departure from the methods the parties’ experts used and lacks support in the record.
SL EC, LLC v. Ashley Energy, LLC
This case concerned the purchase of a historic steam plant in downtown St. Louis. The claims included breach of contract, fraudulent conveyance, and tortious interference, among others. This particular case dealt with a motion in limine to exclude rebuttal testimony from the expert for the counterclaim defendants regarding damages put forth by the counterclaim plaintiffs. The court denied the motion.
Expert’s Solid DCF and Industry Research Sway Court
Court discredits respondent expert’s capitalization of earnings calculation and market-based analysis, noting “severe deficiencies” and instead adopts petitioner expert’s valuation but applies DLOM to entire equity value, not just goodwill.
Minn. Energy Res. Corp. v. Commissioner of Revenue
State Supreme Court says, in valuing public utility, Tax Court had discretion to adopt Commissioner expert’s position on company-specific risk premium and build-up method but failed to explain choice of specific beta factors; Supreme Court remands.
Allegheny Energy, Inc. v. DQE, Inc.
The U.S. Court of Appeals for the Third Circuit reversed the district court and ordered a preliminary injunction prohibiting DQE Inc. from taking any action.
Manbro Energy Corp. v. Chatterjee Advisors, LLC
The primary focus of this case was cross-motions for summary judgment on issues dealing with fiduciary duty and implied covenant of good faith and fair dealing. A final issue, of importance to valuation experts, was a motion to exclude the testimony of the plaintiff’s valuation expert, which the court denied.
Indeck Energy Services, Inc. v. Commissioner
Issues are whether part of settlement payment constitutes interest deductible by Indeck and recognizable as ordinary income by petitioners, and whether penalties apply.
Carlton Energy Group, LLC v. Phillips
Court of Appeals reinstates full $66.5 million award for tortious interference with contract to develop natural gas reserves, even though this amount exceeded the valuation by plaintiff’s expert and was most likely derived from defendant’s industry report ...
In re Tesla Motors Stockholder Litig.
At issue was a 2016 acquisition of Solar City Corp. by Tesla. Some Tesla shareholders claimed that Musk caused Tesla to overpay for Solar through his alleged domination and control of Tesla’s board. The primary focus of the shareholders was that Solar was insolvent at the time of the acquisition. The court applied the “entire fairness” standard. The Court of Chancery found the acquisition to be “entirely fair.” The Delaware Supreme Court affirmed the Court of Chancery decision.
Court applies SDCF multiple to EBIT
At issue is the value of husband's 80% interest in Electro Energy , a company he founded in 1992 that develops and manufactures advanced rechargeable batteries.
Southwestern Energy Production Co. v. Berry-Helfand
In trade secret case, appellate court affirms award for actual damages stemming from defendant gas & oil company’s misappropriation of plaintiff scientists’ study; expert reservoir engineer properly relied on the compensation formula of plaintiffs’ prior ...
Klein v. Klein
At issue is the valuation of Electro Energy, Inc. and husband's interest in this corporation.
Energy Transportation Group, Inc. v. William Demant Holding A/S
Federal Circuit finds use of discarded 25% rule of thumb does not “irretrievably damage” expert’s royalty analysis because he also used acceptable alternative method, substantially supporting jury’s award.
Hess Energy, Inc. v. Lightning Oil Co., Ltd.
The U.S. Court of Appeals for the 4th Circuit affirmed the lower court’s damage calculation in this breach of contract to deliver natural gas case.
LCT Capital, LLC v. NGL Energy Partners LP
In this ongoing case regarding investment banking services and fees, the court ruled on various motions of the parties to exclude certain testimony from two expert witnesses, one from each side, and to exclude certain evidence to be presented by those witnesses. The court denied the plaintiff’s motions but granted the defendant’s motions.
Time-Rule Applied to Employment Bonus
The Washington Court of Appeals affirmed the lower court’s application of the time-rule in determining the community’s interest in an employment bonus earned by an energy trader and based on the trader’s book.
Whyte v. C/R Energy Coinvestment II, L.P. (In re SemCrud)
Bankruptcy Court values Chapter 11 debtor on a going concern basis and finds the income approach is best suited to determine solvency at the time of critical financial transactions; the defendants’ expert properly relied on a contemporaneous Goldman Sachs ...
Energy Transportation Group, Inc. v. Sonic Innovations, Inc.
Federal district court affirms damages award for patent infringement despite jury “splitting the difference” between the parties’ experts’ reasonable royalty analyses.
Industry and I-Banking Expert Admits Even He Wouldn’t Rely on His Own Report
Court strikes lost profits calculations for new energy drink distributor because the expert, an industry consultant/investment banker, failed to use scientific methods, market surveys, or reliable benchmark data.
Independence Key to CBV’s Appointment in Dissenting Shareholder Appraisal
In Zimmerman v. Sabretooth Energy Ltd., 2007 ABQB 685 (November 13, 2007), the Alberta Court of Queen’s Bench determined whether a Chartered Business Appraiser (CBV) or an investment bank should be appointed to value stock of an oil and gas company for di ...
This week’s webinar captures growing oil and gas industry
a discussion of how to identify and value energy-producing properties ...
Entire Settlement Payment Is Purchase Price
One of the issues for the Tax Court was whether $4,856,922 of a $19,886,922 settlement made by Indeck Energy Services, Inc. to Michael P. Polsky was interest deductible by Indeck and recognizable as ordinary income to Polsky or whether it was part of the purchase price for shares of Indeck stock held by Polsky.