Business as usual (so far) under tougher Rule 702
The first reported appellate decision to cite the new Rule 702 changes has appeared, but there’s no sea change to report.
What to Do When You Have Too Little Information
A recent California appeal of a divorce case demonstrated a proper way of managing a situation where the valuation analyst had received insufficient information to allow for a conclusion of value as to an asset or assets.
The Wisdom of the Pastrami Sandwich: The Secret Sauce for Delivering Compelling Expert Testimony
In this workshop, forensic expert Michael Kaplan and jury trial consultant and communications specialist Jesse Wilson identify and explore the powerful storytelling skills that transform technically accurate, matter-of-fact testimony into a story that will persuade the jurors. Through the expert testimony of our attendee volunteers, Jesse and Michael demonstrate the incorporation of these skills into expert testimony, transforming otherwise factual and accurate testimony into powerful stories that become compelling expert testimony.
Business Valuation Case Law Yearbook, 2024 Edition
January 2024 PDF, Softcover (222 pages)
BVR (editor)
Business Valuation Resources, LLC
Working Effectively With Attorneys (How to Be a Better Expert)
You’ve honed your valuation skills through education, training, and experience and have been educating clients about what their businesses have been worth for years. Now litigation counsel is asking you to educate judges and juries about the economics of a complex commercial dispute. The best way to be an effective expert, in addition to having those well-honed skills, is to gain an understanding of both the litigation forum and the general needs of counsel. This ...
Storytelling for the Expert Witness (A BVR Workshop)
In this webinar, forensic expert Michael Kaplan and jury trial consultant and communications specialist Jesse Wilson introduce you to the powerful storytelling skills that will transform technically accurate, matter-of-fact testimony into a compelling and persuasive story.
New Rule 702 crackdown already impacting expert witnesses
Although they don’t officially go into effect until December 1, expert witnesses are already feeling the effects of the changes designed to strengthen Rule 702, which is the federal rule of evidence regarding testifying experts.
Business Valuation Cases in Brief
Erin Hollis provides updates on six recent business valuation cases.
Paramount Fin. Commc’ns, Inc. v. Broadridge Inv’r Commc’n Sols., Inc.
In a post-judgment order and opinion, the court struck the testimony of the plaintiff’s damages expert witness and ordered a new trial on damages. The plaintiff moved for reconsideration of the order. The court denied the plaintiff’s motion in this breach of contract case. There was insufficient evidence in the record to support the damages calculation.
On Reconsideration, Court Affirms Decision to Exclude Testimony of Damages Expert
In a post-judgment order and opinion, the court struck the testimony of the plaintiff’s damages expert witness and ordered a new trial on damages. The plaintiff moved for reconsideration of the order. The court denied the plaintiff’s motion in this breach of contract case. There was insufficient evidence in the record to support the damages calculation.
A Good Example of a Powerful Visual for a Valuation Report
At the recent New York State Society of CPAs’ Business Valuation and Litigation Services Conference, Chris Mercer (Mercer Capital) gave a good example of an effective visual designed to convey a complex issue to a client or trier of fact.
Golock Capital, LLC v. VNUE, Inc.
The plaintiffs sued for breach of obligations on convertible promissory notes issued to the defendant. The defendant admitted it had not repaid the loans but contended that the rates of interest on the loans were “criminally usurious” and were, therefore, void. Following a bench trial, the U.S. District Court (New York) found that the interest rates were not usurious and ruled in favor of the plaintiffs, including an award for attorneys’ fees.
U.S. District Court (New York) Rules Interest Rates on Loans Are Not Usurious
The plaintiffs sued for breach of obligations on convertible promissory notes issued to the defendant. The defendant admitted it had not repaid the loans but contended that the rates of interest on the loans were “criminally usurious” and were, therefore, void. Following a bench trial, the U.S. District Court (New York) found that the interest rates were not usurious and ruled in favor of the plaintiffs, including an award for attorneys’ fees.
Business Valuation Case Law Yearbook, 2023 Edition
January 2023 PDF, Softcover (195 pages)
BVR (editor)
Business Valuation Resources, LLC
Business Valuation Update Yearbook, 2023 Edition
January 2023 PDF, Softcover (426 pages)
BVR (editor)
Business Valuation Resources, LLC
Appraisers Continue to Be Excluded Most Under Daubert, Per PwC Study
Under Daubert, appraisers were excluded more often in 2021 than any other type of financial expert witness, according to the latest edition of an annual PwC survey. Of the three most common financial experts (economists, accountants, and appraisers), appraisers had a 38% exclusion rate in 2021, followed by accountants (32%) and economists (27%). The article gives more insights into the survey and some ways to avoid a Daubert challenge.
Appraisers have highest exclusion rate under Daubert, per PwC study
Under Daubert, appraisers were excluded more often in 2021 than any other type of financial expert witness, according to the PwC survey, “Daubert Challenges to Financial Experts (2000-2021).”
Meet The Speakers—2022 AAML/BVR National Divorce Conference
The 2022 AAML/BVR National Divorce Conference is just a little over a month away! Take a moment to meet a trio of our speakers.
Appraisers Have the Highest Exclusion Rate Under Daubert, Per PwC Study
A look at the latest study from PwC that analyzes challenges to financial expert witnesses (appraisers, accountants, economists, and others) under the Daubert standards from 2000 to 2020. Also, some classic advice on how to survive a Daubert challenge.
Court Rulings Have Big Impact on Fair Value
To sue or not to sue, that is the question! Learn more about a pair of court cases that have made a big impact on fair value as it relates to shareholder dissent suits.
Blue-Sky Method in Valuing a Car Dealer—Redux
In a recent issue of the BVLaw Alert, we published a short piece about a shareholder dissent/oppression appellate decision in Tennessee regarding the valuation of a “high-end” car dealership. Our headline noted, “Court Tweaks Blue-Sky Method in Valuing a Car Dealer.” We received a question from a reader asking whether the rule of thumb blue-sky method was explained in the case.
Do BV Standards Have Any 'Value' in Court?
Do business valuation standards have any value in court? Our legal editor shares insights gleaned from several cases on just this topic.
Proposed Rule 702 Change Targets Unqualified Experts
Too many experts who are not qualified are being allowed to testify in court, and this has triggered proposed changes to strengthen Rule 702, which is the federal rule of evidence regarding testifying experts.
So You Want to Testify as a Financial Expert Witness? Testimony Tips, Traps and Video Demonstrations From the Trenches
Learn how to testify in bench and jury trials and depositions from a seasoned forensic CPA who has testified in the trenches for 27 years. See video clips from an actual testimony by Robert Vance and from popular TV shows and movies (which are mostly very humorous) to learn how to answer questions and keep your cool. Receive tips on how to construct your litigation-oriented curriculum vitae and engagement letter. Get prepared for subpoenas, Daubert ...
Proposed rule change cracks down on testifying experts
Too many experts who are not qualified are being allowed to testify in court, and this has triggered proposed changes to strengthen Rule 702, which is the federal rule of evidence regarding testifying experts.