Expert’s FMV Analysis Aligns With Applicable Healthcare Law
In healthcare case centering on Anti-Kickback Statute, court finds government expert’s FMV analysis of physician services, which excludes value and volume of referrals, accords with standard applying to AKS cases and is admissible under Daubert.
U.K. Case Law Update: Recent Decisions That Impact Your Valuation
Business valuation is undergoing significant evolution in the UK, and it's impacting the way valuations are treated in court. Join valuation experts Andrew Strickland and Luke Morris for a look at recent UK cases that address key areas of business valuation, including the increased use of definitions from the International Valuation Standards in Court. Get briefed on four cases that challenge the roles of UK valuation experts, and get tips for using financial models in ...
Behind the Bench: Two Experts and a Judge on Valuation in the Courtroom
In this program, Jay Fishman and Bill Morrison, the authors of The Business Valuation Bench Book: Business Valuation for Lawyers and Judges, published by BVR, are joined by the Honorable Thomas Zampino JSC (ret). The authors and Judge Zampino provide insights from their many years of experience to help judges evaluate expert valuation testimony, experts prepare and present valuation testimony, and lawyers present their own expert on direct and cross-examination of the opposing expert.
Expert’s FMV Analysis Aligns With Applicable Healthcare Law
In healthcare case centering on Anti-Kickback Statute, court finds government expert’s FMV analysis of physician services, which excludes value and volume of referrals, accords with standard applying to AKS cases and is admissible under Daubert.
United States ex rel. Lutz v. Berkeley Heartlab, Inc.
In healthcare case centering on Anti-Kickback Statute, court finds government expert’s FMV analysis of physician services, which excludes value and volume of referrals, accords with standard applying to AKS cases and is admissible under Daubert.
Expert notes are subject to discovery, 11th Circuit says
We recently reported on a case in which annotated expert draft reports were subject to discovery notwithstanding Federal Rule of Civil Procedure 26(b)(4). Valuation professionals who frequently work on federal cases also need to know that Rule 26 does not protect expert notes and nonattorney communication, as an important 11th Circuit ruling explains.
Marked-up draft expert reports may be discoverable
Federal discovery rule 26 expressly protects draft expert reports from discovery. But experts testifying in federal court know that this protection is by no means absolute. Questions as to the scope of protection persist, and a recent discovery ruling in a patent infringement case makes clear that concern over the strength of protection is warranted.
Courtroom Confidential: Solutions to Real-World Valuation Problems
In theory, valuation experts and attorneys share distinguished professions where documented case law and peer-reviewed methodology come together in perfect harmony. In reality, things get messy—particularly in divorce cases. Join matrimonial attorney Jennifer Rosenkrantz and valuation expert Pat Rafanelli for a discussion of several real-life scenarios regarding valuation issues in divorce cases and how those issues would be considered by attorneys and forensic experts. Hear fact patterns, and get complete insight from both an attorney ...
Questions a judge will ask of a valuation expert witness
A new book not only gives judges and attorneys a reference guide of fundamental business valuation concepts, but it's also a refresher course for valuation experts, and it will help them prepare for court.
The Business Valuation Bench Book
April 2017 Hardcover, PDF (134 pages)
Jay Fishman, William Morrison
Monte Carlo: Applications, Examples and Best Practices for Valuation (eLearning course)
Double Dipping: The Debate Continues
The experts face off—again. If you missed the first session, don’t miss this one. Join Donald DeGrazia, Robert Levis, and Kim Willoughby as they continue their spirited discussion on the fundamental dilemma in divorce-related financial matters involving the intersection of the division of income-generating assets such as business intangible assets (e.g., goodwill) and incentive stock compensation and consideration of these same assets when analyzing income available for spousal maintenance. Some divorce practitioners believe it is ...
Business Valuation Case Law Yearbook, 2017 Edition
February 2017 PDF (250 pages)
BVR (editor)
Business Valuation Resources, LLC
Business Valuation Update Yearbook, 2017 Edition
February 2017 PDF (349 pages)
BVR (editor)
Business Valuation Resources, LLC
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.
Flop film poses unique valuation challenge
A recent bankruptcy-related case in front of the California Court of Appeal raises important questions about how one quantifies the value of a dated piece of art, a film, for which there never was a market in the first place.
The Double Dipping Debate
The experts face off. Join Donald DeGrazia, Robert Levis, and Kim Willoughby for a spirited discussion on the fundamental dilemma in divorce-related financial matters involving the intersection of the division of income-generating assets such as business intangible assets (e.g., goodwill) and incentive stock compensation and consideration of these same assets when analyzing income available for spousal maintenance. Some divorce practitioners believe it is appropriate to consider these income-generating assets as either property for division or ...
Guidance for valuators on Washington state double dip jurisprudence
Double dipping is a tricky issue because different states have developed different approaches to it. Valuators specializing in divorce issues must know the controlling case law in the state in which they practice. A recent decision by the Washington state Court of Appeals clarifies its state's analytical framework in a case featuring a successful management consulting business the husband had set up and grown during the marriage.
Chancery relies on income approach to determine fair value in problematic bank merger
In a statutory appraisal action, the Delaware Court of Chancery recently found the deal price did not reflect fair value because the sales process was suboptimal. Certain other methods the parties' experts used also were inadequate to the task, the court said.
Compromised Section 1031 appraisal sinks Exelon tax strategy for fossil fuel power plant sale
U.S. Tax Court Judge David Laro frequently has cautioned experts not to give in to hiring attorneys who want to shape the appraisal. Although federal and state discovery rules offer some protection for attorney-expert communication, there is a risk of exposure and with it a risk of damage to the expert’s work product and reputation. A recent Section 1031 case, which Judge Laro handled, illustrates what happens when the communication is discovered.
AICPA Tips for Testifying Experts
Appraisers working on litigated disputes face special challenges. Several workshops at the recent AICPA conference in Nashville provided insights and survival tips that benefit both the seasoned financial expert witness and the upstart.
Flawed yardstick analysis sinks lost profits award
A drawn-out damages case in which a startup compression sportswear company sued the defendant "private label" manufacturer over an abandoned licensing deal promised to make the plaintiff rich but ultimately ended with nominal damages.
Defense expert testimony supports ESOP valuation and fairness opinions
A recent ESOP decision involving allegations of breach of fiduciary duty and engaging in a prohibited transaction turned on whether the ESOP trustee’s financial advisor had performed proper due diligence and issued defensible fairness and valuation analyses.
Mock trial highlights ASA’s Advanced BV Conference
All six valuation disciplines were put on the "stand" and cross-examined by an attorney. It demonstrated that even the best valuation report can get skewered in court.
Valuation of key marital asset demands expert opinion
In a Mississippi divorce, the husband's sole-owned fitness training company was the key asset. An accurate valuation was central to achieving an equitable distribution of property, but the parties did not hire experts or even submit much financial information to the trial court.