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2019 Key Valuation and Damages Cases

A discussion of the court cases that have dominated the conversation in 2019 among financial experts by making law or influencing attitudes on key valuation issues.

2019 Key Business Valuation and Damages Cases

At the end of every year, BVLaw takes stock of valuation and damages cases that have dominated the conversation among financial experts by making law or influencing in some other way attitudes on key valuation issues. Here is our selection of 2019 cases by Sylvia Golden, Esq., BVR’s executive legal editor.

Business Valuation Case Law Yearbook, 2020 Edition

January 2020 Hardcover, PDF

BVR (editor)

Business Valuation Resources, LLC

The Business Valuation Case Law Yearbook, 2020 Edition is essential for business appraisers and attorneys who want to stay ahead of their peers on the most important legal issues brought up in business valuation-related cases. With in-depth analysis from BVR’s legal team, the lessons learned in this book help appraisers reach better and more defensible valuation conclusions. And, attorneys who retain appraisers as financial experts learn how their experts can help them win (or lose) in court.  Learn more >>

Business Valuation Update Yearbook, 2020 Edition

January 2020 Hardcover, PDF

BVR (editor)

Business Valuation Resources, LLC

BVR has you covered with the Business Valuation Update Yearbook 2020. This newest edition from the publishers of Business Valuation Update covers the year’s most groundbreaking and thought-provoking advancements in business valuation, and more. This critical desktop reference keeps you ahead of your peers with on-the-ground reporting from valuation experts, thought-leaders, and BVR’s editorial team. Learn more >>

BVLaw Case Update: Kress, Vinoskey plus three more cases that dominated 2019

Join Jim Alerding, a veteran valuator, and Sylvia Golden, BVR’s legal editor, for a discussion of five of the most consequential valuation and damages cases of 2019. This selection of state and federal cases includes the year’s tax decisions that have reframed the conversation on tax affecting, a statutory appraisal case illustrating the Delaware Court of Chancery’s current approach to determining fair value, an ESOP trial court decision that solidifies the DOL’s litigation success, and ...

Avoiding Ethics Violations When Working on Divorce (or Other) Cases

At the recent AAML/BVR divorce conference, held May 8-10 in Las Vegas, one of the sessions that best conveyed the advantages of an interdisciplinary discussion was on ethics. The topic was “Ethics Violations: How to Avoid the Letter No One Wants to Receive,” and the speakers were Marie Ebersbacher (CBIZ MHM LLC), an appraiser and financial forensics expert, and Lawrence Moskowitz (Perry, Johnson, Anderson, Miller & Moskowitz LLP), a family law attorney.

New cases suggest British Common Law may be emphasizing 'fairness'

‘Common law is shifting under our feet, so this is an interesting time to do valuations in contentious situations, whether it’s a family or nonfamily situation,’ Andrew Strickland told BVWire—UK recently.

BVLaw Case Update

Join Jim Alerding, a veteran valuator, and, Sylvia Golden, BVR’s legal editor, as they discuss six recent valuation and damages cases, including reviewing the applicable legal and valuation principles and highlighting developments in various litigation contexts. This selection of state and federal cases features a controversial buyout case, several contract actions with problematic damages evidence, and divorce proceedings featuring conflicting valuation methodology.

Business Valuation Update Yearbook, 2019 Edition

February 2019 Hardcover, PDF

BVR (editor)

Business Valuation Resources, LLC

BVR has you covered with the Business Valuation Update Yearbook 2019. This newest edition from the publishers of Business Valuation Update covers the year’s most groundbreaking and thought-provoking advancements in business valuation, and more. This critical desktop reference keeps you ahead of your peers with on-the-ground reporting from valuation experts, thought-leaders, and BVR’s editorial team. Learn more >>

Business Valuation Case Law Yearbook, 2019 Edition

February 2019 Hardcover, PDF

BVR (editor)

Business Valuation Resources, LLC

The Business Valuation Case Law Yearbook, 2019 Edition is essential for business appraisers and attorneys who want to stay ahead of their peers on the most important legal issues brought up in business valuation-related cases. With in-depth analysis from BVR’s legal team, the lessons learned in this book help appraisers reach better and more defensible valuation conclusions. And, attorneys who retain appraisers as financial experts learn how their experts can help them win (or lose) in court.  Learn more >>

2018 key valuation and damages cases

At year-end, Sylvia Golden, BVR’s executive legal editor, provides a roundup of the key business valuation and damages cases. Here are her choices for 2018. Some of the courts’ decisions have changed the legal landscape and are must-know cases. Other rulings are confined to the specific case, but they contain important lessons for appraisers of how to, and, more often, how not to, perform as a financial expert.

2018 Key Business Valuation and Damages Cases

Choices for the most interesting and pivotal court cases of 2018 involving business valuation issues.

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.

Top five business valuation tips from recent training webinars

As a busy business valuation professional, you may not always have the time to attend training events. We’ve compiled the top five tips from recent BVR webinars on the most timely and important topics in the profession.

BVLaw Case Update

Case law matters. Tune into BVLaw Case Update to deepen your understanding of the business valuation and damages litigation landscape. Knowing what goes on in court and what the law is makes you a more effective and sought-after expert. Join veteran valuator, speaker, and teacher Jim Alerding (Alerding Consulting LLC) and BVR’s own legal editor, Sylvia Golden, for a review of a number of significant recent court decisions, including key statutory appraisal rulings from the ...

Business Valuation Case Law Yearbook, 2018 Edition

February 2018 Hardcover, PDF

BVR (editor)

Business Valuation Resources, LLC

The Business Valuation Case Law Yearbook, 2018 Edition is essential for business appraisers and attorneys who want to stay ahead of their peers on the most important legal issues brought up in business valuation-related cases. With in-depth analysis from BVR’s legal team, the lessons learned in this book help appraisers reach better and more defensible valuation conclusions. And, attorneys who retain appraisers as financial experts learn how their experts can help them win (or lose) in court.  Learn more >>

2017’s Top Business Valuation and Damages Cases

BVLaw’s selection of the most educational cases of 2017.

Business Valuation Update Yearbook, 2018 Edition

February 2018 Hardcover, PDF

BVR (editor)

Business Valuation Resources, LLC

BVR has you covered with the Business Valuation Update Yearbook 2018. This newest edition from the publishers of Business Valuation Update covers the year’s most groundbreaking and thought-provoking advancements in business valuation, and more. This critical desktop reference keeps you ahead of your peers with on-the-ground reporting from valuation experts, thought-leaders, and BVR’s editorial team. Learn more >>

BVLaw Case Update

Every month, BVLaw analyzes and digests federal and state court decisions (including opinions from the United States Tax Court) that focus on valuation and damages issues and feature expert testimony. A BVLaw subscription is an efficient way for financial experts to keep up with developments in their areas of expertise and with the various courts’ takes on valuation methodology, Daubert and the art of presentation, and policy concerns.

BVLaw Case Update: A One-Hour Briefing

In BVR's second legal briefing, BVR Legal Editor Sylvia Golden and expert appraiser Jim Alerding team up to once again provide appraisers with the most pressing court decisions presented in BVLaw™ and Business Valuation Update™. From the vast and growing compilation of case law procured throughout the United States, Golden and Alerding examine the legal decisions that carry the most weight for appraisers and appraisals, as well as the lessons taught by each decision.

Damages testimony undergoes Daubert treatment in class certification stage

Class actions have their own rules, including when it comes to expert testimony. An unresolved issue is whether damages expert testimony is subject to a Daubert inquiry at the class certification stage, before the court has approved the request to proceed as a class action. The U.S. Supreme Court has yet to give clear guidance, but defendants are increasingly proactive and move to exclude the testimony at the beginning of the litigation in an attempt to thwart class certification and knock the case out early.

Business Valuation Case Law Yearbook, 2017 Edition

February 2017 Hardcover, PDF (250 pages)

BVR (editor)

Business Valuation Resources, LLC

The Business Valuation Case Law Yearbook analyzes the year’s most meaningful valuation-related issues in the major courts including marital disputes, breach of contract actions, damages, dissenting shareholder disputes, estate and gift tax cases, federal taxation, intellectual property cases, bankruptcy litigation, and more. Readers learn how debates over economic damages, goodwill, M&A-related appraisals, discounts, and Daubert challenges played out in court during the past year. Learn more >>

Business Valuation Update Yearbook, 2017 Edition

February 2017 Hardcover, PDF (349 pages)

BVR (editor)

Business Valuation Resources, LLC

BVR has you covered with the Business Valuation Update Yearbook 2017. This newest edition from the publishers of Business Valuation Update covers the year’s most groundbreaking and thought-provoking advancements in business valuation including IRC Sec. 2704, DLOM, cost of capital, and more. This critical desktop reference keeps you ahead of your peers with on-the-ground reporting from valuation experts, thought-leaders, and BVR’s editorial team. Learn more >>

BVLaw Case Update: A One-Hour Briefing

It’s 2017, and BVLaw Case Update is back. Join veteran valuation analyst Jim Alerding (Alerding Consulting LLC) and BVR’s legal editor, Sylvia Golden, for a one-hour discussion of some of most impactful recent valuation and economic damages decisions. This conversation will delve into statutory fair value opinions coming out of Tennessee and Delaware; a Section 1031 Tax Court decision by Judge Laro, one of the court’s most influential voices, addressing methodology and attorney-appraiser communications; and ...

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.

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