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Kendall Hoyd & Silver v. Trussway Holdings

Delaware Court of Chancery finds DCF analysis is the best way to achieve fair value in a statutory appraisal case arising out of a contested merger; court’s analysis leans heavily on company expert’s analysis regarding contested inputs, including projections, beta, and terminal value.

Court Chooses DCF to Determine Fair Value in ‘Straightforward’ Appraisal Case

Delaware Court of Chancery finds DCF analysis is the best way to achieve fair value in a statutory appraisal case arising out of a contested merger; court’s analysis leans heavily on company expert’s analysis regarding contested inputs, including projections, beta, and terminal value.

Court Affirms ‘Market Valuation Assessment’ of Family Businesses

Expert’s “market valuation assessment” to estimate sale price of husband’s two businesses satisfies principles for valuation of closely held company, says appeals court; case law looks to IRS Revenue Ruling 59-60, but disfavors use of book value.

Prevost v. Prevost

Expert’s “market valuation assessment” to estimate sale price of husband’s two businesses satisfies principles for valuation of closely held company, says appeals court; case law looks to IRS Revenue Ruling 59-60, but disfavors use of book value.

Contract Damages: Accounting for Post-Breach Market Conditions

Court of Appeals affirms $36.3 million lost profits for real estate development, finding that evidence of post-breach market deterioration was not relevant and permitting recovery for collateral damages, even though re-sale contracts did not exist for the ...

CR-RSC Tower I, LLC v. RSC Tower I, LLC

Court of Appeals affirms $36.3 million lost profits for real estate development, finding that evidence of post-breach market deterioration was not relevant and permitting recovery for collateral damages, even though re-sale contracts did not exist for the ...

Cutting Costs on Expert Testimony and Appraisals Doesn’t Always Pay Off

Court precludes developer from testify as an expert regarding construction project’s solvency and value, and it strikes two valuation experts because they relied on appraisals prepared during financing phases of the project, not its construction phases.

Villaje del Rio, Ltd. v. Colina del Rio, L.P.

Court precludes developer from testifying as an expert regarding construction project’s solvency and value, and it strikes two valuation experts because they relied on appraisals prepared during financing phases of the project, not its construction phases ...

'Speculative' sale not enough to justify tax affecting

The issues in this marital dissolution case was the value of husband’s contracting firm, Robertson Morrison Inc., and whether it was proper for the court to reduce the value for tax-affecting.

Johnson v. Johnson

The issues in this marital dissolution case was the value of husband’s contracting firm, Robertson Morrison Inc., and whether it was proper for the court to reduce the value for tax-affecting.

Poorly researched valuation results in nominal value finding by court

Wife challenged the property division in a dissolution of marriage decree, arguing that the court erred in valuing the husband's interest in a family business at zero.

In re the Marriage of Peters

Wife argued that the court erred in valuing the husband's interest in a family business at zero.

Tough to Prove That Restricted Shareholder Agreement Is Unconscionable

Eugene Kiser was serving as Crowder Construction Company's Vice-President of Finance and Corporate Secretary when he was fired in 1995.

Crowder Construction Company v. Kiser

At issue is the adjusted book value of Kiser's stock.

Income prevails over asset method; Court assigns percentage weights to each expert's value conclusion

The issue is the value of husband's 50% interest in a construction company involved primarily with site preparation.

Giuliani v. Giuliani

At issue in this marital dissolution was the value of the closely held stock of a construction company.

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