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Valuers and Attorneys Advise How to Stay Out of Daubert Trouble

Several sessions at the inaugural BVR National Economic Damages Virtual Conference discussed how valuation experts can avoid the nightmare of having their testimony excluded in court. Of course, much of that applies to any type of case, not just damages.

The BVR Guide to Management Projections and Business Valuation: Analysis and Case Law

June 2021 Hardcover, PDF

BVR (editor)

Business Valuation Resources, LLC

BVR’s Guide to Management Projections and Business Valuation: Analysis and Case Law provides professionals with guidance in two forms. The Guide includes articles that discuss a variety of elements, issues, and techniques practitioners should consider when utilizing management’s projections or creating their own. In addition, the Guide includes a multitude of applicable case law  to assist practitioners in researching opinions on different matters in various jurisdictions. Learn more >>

Zoom nightmare: trial verdict overturned

Wandering pets, faux backgrounds, technical glitches, and the like are common during Zoom calls, but it’s a serious matter when it comes to remote testimony in court.

Hitchner reveals tough questions you may get on BV standards

You should be aware of the standards all of the business valuation organizations have issued, not just your own, cautions Jim Hitchner (Financial Valuation Advisors) in the April issue of Hardball With Hitchner.

Business Valuation and Bankruptcy: Case Law Compendium, 3rd Edition

March 2021 Hardcover, PDF

BVR (editor)

Business Valuation Resources, LLC

The bestselling Business Valuation & Bankruptcy: Case Law Compendium, Third Edition from BVR once again delivers, digests and summarizes all relevant recent case law.  This one-of-a-kind legal resource saves you hours of research and features a collection of articles and analysis that will prove illuminating for any practitioner. Learn more >>

Sink or Swim: The New World of Virtual Testimony

Most people do not realize how different it is appearing in court through virtual technology compared to being there in person. Valuation experts who have not yet had the “pleasure” of attending virtual hearings may be concerned about it—and rightly so. In person, you are in control of how you look and sound, but, when you are online, you are at the mercy of technology, which can make you look good—or very bad. Fortunately, at the recent AAML/BVR Virtual Divorce Conference, valuation experts and attorneys shared their experiences and tips for testifying in a virtual world.

Business Valuation Update Yearbook, 2021 Edition

January 2021 Hardcover, PDF

BVR (editor)

Business Valuation Resources, LLC

Always a highly-anticipated annual publication, the Business Valuation Update Yearbook 2021 covers the year’s most groundbreaking and thought-provoking advancements on valuation methodologies in the face of a global pandemic.  It also captures, changes in regulations and professional standards, key takeaways from the best virtual conferences, and tactical practice-building ideas. This critical desktop reference puts you ahead of the competition with on-the-ground reporting from valuation experts, thought-leaders, and BVR’s expert editorial and legal teams. Learn more >>

2020 Top Business Valuation and Damages Cases

Complicated as the year 2020 was, it was not boring. The past year offered a wealth of lawsuits dealing with business valuation and economic damages issues. The list below shows our Top 10.

Business Valuation Case Law Yearbook, 2021 Edition

January 2021 Hardcover, PDF

Business Valuation Resources, LLC

Practitioners have come to rely on the annual Business Valuation Case Law Yearbook– and certainly the 2021 edition will prove even more vital than ever. The legal coverage and in-depth analysis from the BVR legal team deliver lessons learned to help appraisers reach better and more defensible valuation conclusions. The Yearbook shows how financial experts helped their side win (and lose) in the courtroom.  Learn more >>

Intellectual Property Valuation Case Law Compendium, Fourth Edition

January 2021 Hardcover, PDF (580 pages)

BVR (editor)

Business Valuation Resources, LLC

Intellectual property (IP) valuation and litigation continue to make headlines – especially when damages are involved.  Every financial expert and attorney practicing in this area needs to keep up with legal precedent – and stay ahead of new and evolving methodologies. This 4th edition of BVR’s IP Valuation Case Law Compendium puts all vital thought leadership and case law at your fingertips. Learn more >>

High Court orders London Court of International Arbitration to correct damages calculation error

A Russian supply-chain business owner was awarded US$58 million in damages—until the English High Court and judge Sir Ross Cranston reviewed the maths.

Sink or Swim: The New World of Virtual Testimony

Most people do not realize how different it is appearing in court through virtual technology compared to being there in person. Fortunately, some attorneys and valuation experts have gone through this experience and they share their advice on how to make the best of it.

Solvency opinion based on management projections faces Daubert challenge

In a bankruptcy-cum-Daubert case that turned on solvency, a court recently rejected both parties’ claims that the opposing financial expert testimony was inadmissible.

The Expert Witness Process: Tips for Valuation Practitioners

The author developed and taught the AICPA course in expert witnessing, and he shares his advice for the entire process, from securing the engagement to cross-examination.

From the Bench: 10 Warning Signals of Trouble With a Valuation Expert

It’s always very informative and helpful to listen to judges talk about the valuation cases they hear. At NACVA’s recent Business Valuation and Financial Litigation Super Conference, a panel of judges did just that—and they shared their views of when they detect potential problems with appraisers when they are on the witness stand.

In court, facts are not enough—it’s the nonverbal that counts

If you think that the facts speak for themselves in court, think again, says Deborah Johnson, MC, president of High-Stakes Communication.

Top-notch tips for virtual court appearances

There’s a lot more to making a good appearance in court when you have to testify virtually.

Maryland commits to Daubert for evaluating admissibility of expert testimony

In a critical move, Maryland’s highest court recently changed the standard for the admission of expert testimony when it abandoned the existing two-channel approach in favor of Daubert.

BV experts may not be back in court for contentious valuations—yet

As UK courts begin to open again, the current government rule requires barristers and solicitors under mandatory 14-day isolation (if they’ve travelled to high-risk countries) to turn up to court if they have a hearing.

Rochkind v. Stevenson

In a split decision featuring a long-running tort case that hinged on medical expert testimony regarding plaintiff’s claims of lead poising, divided state high court abandons two-channel approach, including Frye general acceptance test, for Daubert standard of admissibility of expert testimony.

Split Maryland High Court Adopts Daubert for Testing Admissibility of Expert Testimony

In a split decision featuring a long-running tort case that hinged on medical expert testimony regarding plaintiff’s claims of lead poising, divided state high court abandons two-channel approach, including Frye general acceptance test, for Daubert standard of admissibility of expert testimony.

Experts Need Not Be ‘Blue-Ribbon Practitioners’ to Meet Rule 702 Qualification Requirement

In bankruptcy dispute, court rejects parties’ Daubert challenge to opposing expert testimony; defense expert did not blindly rely on management projections for capital adequacy and balance sheet tests, and plaintiff’s expert did not use hindsight to find debtor was insolvent on fund transfer dates.

Official Committee of Unsecured Creditors v. Calpers Corp. Partners, LLC

In bankruptcy dispute, court rejects parties’ Daubert challenge to opposing expert testimony; defense expert did not blindly rely on management projections for capital adequacy and balance sheet tests, and plaintiff’s expert did not use hindsight to find debtor was insolvent on fund transfer dates.

Initial takeaways from NACVA’s Virtual Super Conference

NACVA held the first major multiday multitrack conference of the year online all last week, and BVWire attended all week via the Zoom platform.

Expert in courts—Strickland challenges business valuers who are adversarial or too keen

Experts who attack other experts, behave discourteously, or slavishly follow the instructions of solicitors will not be treated favourably by the courts because they are deeply dependent on the knowledge that their experts, including business valuation specialists, maintain independence and professionalism.

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