BVResearch Pro
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.
Search Tips Expand the following panels for additional search options.
Court Outlines Key Factors In Calculating Lost Profits for Unestablished Business
Court denies lost profits claim for unestablished business based on speculative management forecasts and lack of credible market data.
Same Report, corrected publisher
The August 6th issue (issue 71-1) of the BVWire incorrectly listed the publisher of the 6th Annual Restaurant Valuation Trends Industry Data Report.
Intrafamily Sale Determined a Bona Fide Transaction
The U.S. Court of Appeals for the 6th Circuit determined that an intrafamily transaction involving a self-canceling installment note (SCIN) was a bona fide transaction within the meaning of IRC sec. 2001(b).
For Complex Valuation of Food Franchises, Court Adjusts Income Approach
Court adjusts income/capitalization of earnings approach for complicated valuation of fast food franchise partnership.
Appraiser Lacks Necessary Valuation Expertise, Dissent Says
Court majority finds appointed appraiser’s fair value determination meets legal requirements applicable to dissenting shareholder proceeding; dissent says appraiser lacked valuation expertise and ignored proper business valuations from parties’ experts.
Appraiser Lacks Necessary Valuation Expertise, Dissent Says
Court majority finds appointed appraiser’s fair value determination meets legal requirements applicable to dissenting shareholder proceeding; dissent says appraiser lacked valuation expertise and ignored proper business valuations from parties’ experts.
Qualifications, Experience Make This Appraiser Nearly Unassailable
Court articulates qualifications that make business appraiser nearly “bulletproof” under Daubert challenge.
Worthless Business Could Experience Financial Damages
The Supreme Court of West Virginia reversed and remanded the case on a number of grounds.
Business Destroyed During Start-Up Phase Recovers under Loss of Equity Approach
In Olive Hospitality Inc. v. Woo, 2006 BCSC 1554 (October 20, 2006), the Supreme Court of British Columbia determined the proper amount of damages in this breach of fiduciary duty case. In 2000, Olive Hospitality Inc. (Olive) was formed by a group of Kore ...
Court Rebuffs Attempt to Allocate Excess Value to Intangible Assets
Bankruptcy Court rejects proposition that sales price increase has to be attributed to one debtor’s business, as goodwill, because other debtor’s real property allegedly remains constant in value; court denies request to change allocation of proceeds.
Goodwill Determination Turns on Classification of Auction Business
Appeals court affirms trial court’s finding that all the goodwill in husband’s auction business is nontransferable where the husband is the only licensed auctioneer and the sole shareholder of the company and allows for expansion of concept of profession.
25-Year Battle Over Hard Rock Turns on Value of IP Assets
Court affirms value of Hard Rock Cafe IP assets based on testimony by the brand’s owner/entrepreneur rather than his two IP experts.
Damages Award on Federal Securities Fraud Claim Not Speculative
Peter Camplin started Sea Dog Brewing Co. in 1992.
Directors Breach Fidcuiary Duty; Damages Not Limited to Fair Value
This abstract summarizes certain key points in a dissent from a May 5, 1988, merger that squeezed out minority stockholders.
Food trucks en route to impact eatery industry
During a recent webinar on valuation issues in the restaurant industry, Franz Ross (KeyBank) advised experts to consider the impact of food trucks.
Tax Court Applies 40% Combined Discount to Arrive at Fair Market Value
Before the Tax Court, for purposes of determining the taxable gifts of Royal G. Furman, and the taxable gifts and taxable estate of Maude G. Furman, is the determination of the fair market value of shares in Furman's Inc. (FIC), a closely held company.
IRS Strains to Prove Goodwill in Like-Kind Exchange
In tax refund case related to tax code’s like-kind exchange provisions, Court of Claims rejects a bright line rule that radio stations cannot have goodwill; it also finds that the discounted cash flow (DCF) method the government’s expert chose to determin ...
Court Rejects Experts' Opinions, Uses Tendered Price
The issue in this dissenters’ rights action was the fair value of the shares of Rainforest Cafe Inc.
CPE events
Restaurant Valuation: Industry Segments, Trends and the Impact of Real Property (June 22) with Franz Ross (KeyBank).
Husband shuns BV expert, loses case
In a Pennsylvania divorce case involving a restaurant, neither the husband nor the wife submitted formal business appraisals.
Bougie v. Garth-Niggeman
The case originated at trial court on issues of the buyout of a deceased member’s interest in an LLC restaurant. Among the issues was the use of the LLC’s recipes by the acquirer of the deceased’s interest in violation of the operating agreement. The two remaining LLC members claimed the use of the LLC’s recipes in other restaurants irreparably harmed them. However, the remaining members did not seek, nor did they prove, any damages resulting from the use of the recipes. The appellate court affirmed the trial court’s denial of a permanent injunction against the use of the recipes.
Brunswick Panini’s v. Zurich Am. Ins. Co.
In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court granted defendant insurer’s motion to dismiss the plaintiffs’ claims. The court found the plaintiffs, which operated restaurant and bar facilities in Ohio but had to suspend operations because of the pandemic, did not meet the precondition of “direct physical loss of or damage to” the covered property requirement. Further, the microorganism exclusion precluded coverage of losses.
New inductee to the BV Hall of Fame
Hint: He once served restaurant meals to the likes of Elvis Presley and the Rolling Stones.
Food for thought in BVR’s new guide to valuing restaurants
There is no magic formula for doing valuations for firms impacted by the pandemic—especially in the hard-hit restaurant sector.
No valuation adjustment for alleged acts of oppression
In a Connecticut case, four siblings were partners in a number of restaurant properties and one of the partners (who had a 25% interest) was ousted by the others.