Expert Qualified to Offer Unit Valuation of Telecom Property
In tax assessment case, court finds valuation expert qualified under Rule 702 despite lacking an appraiser’s license; court says rule specifically contemplates expert opinion on property valuation by nonappraisers if witness is qualified by “knowledge, skill, experience, training, or education.”
Level 3 Communications, LLC v. Dep’t of Revenue
In tax assessment case, court finds valuation expert qualified under Rule 702 despite lacking an appraiser’s license; court says rule specifically contemplates expert opinion on property valuation by nonappraisers if witness is qualified by “knowledge, skill, experience, training, or education.”
Forecast’s Assumption Imperils Conjoined Expert Opinions
In breach of contract suit, court strikes expert’s revenue forecasts, using Monte Carlo simulation, finding key assumption resulted from expert’s misreading of contract; court also strikes second expert’s valuation resting on inadmissible forecasts.
Myservice Force v. Am. Home Shield
In breach of contract suit, court strikes expert’s revenue forecasts, using Monte Carlo simulation, finding key assumption resulted from expert’s misreading of contract; court also strikes second expert’s valuation resting on inadmissible forecasts.
GAAP ‘Relevant,’ But ‘Not Controlling’ in Solvency Analysis
District court says trustee expert’s failure to value the debtor company as a going concern meant the trustee did not prove insolvency; and, the expert improperly relied on GAAP in assessing assets and liabilities, which though relevant, are not controlli ...
Experts Propose Equally Sound, but Diverging, Valuations
Appellate court upholds valuation of husband’s business where trial court faced two equally plausible values from experienced appraisers who gave “reasoned explanations” for their differing choices as to the treatment of a year with unusually high income ...
In re Flashcom, Inc.
District court says trustee expert’s failure to value the debtor company as a going concern meant the trustee did not prove insolvency; and, the expert improperly relied on GAAP in assessing assets and liabilities, which though relevant, are not controlli ...
Myhre v. Myhre
Appellate court upholds valuation of husband’s business where trial court faced two equally plausible values from experienced appraisers who gave “reasoned explanations” for their differing choices as to the treatment of a year with unusually high income ...
Expert’s ‘Aggressively Skeptical’ View Does Not Undermine Disaggregation Analysis
In securities case, the federal court denies the defendants’ post-trial motion to upset the jury’s €765 million verdict, finding the plaintiffs’ expert’s loss causation and damages analysis was not defective; taking an “aggressively skeptical view” of the ...
Liberty Media Corp. v. Vivendi Universal, S.A.
In securities case, the federal court denies the defendants’ post-trial motion to upset the jury’s €765 million verdict, finding the plaintiffs’ expert’s loss causation and damages analysis was not defective; taking an “aggressively skeptical view” of the ...
In re Iridium Operating LLC
Bankruptcy court confirms that the market price of a public company is the more reliable measure of equity value than experts’ “subjective” estimates, particularly when they do not adequately explain, rebut, or analyze contemporaneous market valuations.
Federal Circuit Permits Discovery of License Negotiations
Federal Circuit finds that settlement negotiations related to reasonable royalty and damage calculations are not protected by particular privilege, but are subject to discovery, in addition to the settlement agreements themselves.
In re MSTG, Inc.
Federal Circuit finds that settlement negotiations related to reasonable royalty and damage calculations are not protected by particular privilege, but are subject to discovery, in addition to the settlement agreements themselves.
Collateral Appraisal and Disposition Upheld Without Sale
Anderson defaulted on the note, and Burns prepared to sell the stock pursuant to the pledge agreement.
Valuation models are ‘opinion’ not ‘fact;’ appraiser need not disclose others’ valuations
In this securities fraud action, the issue was whether research analyst reports disseminated by Jack Grubman and Salomon Smith Barney (SSB) were materially false and misleading.
Higher book value selected as proper value
The issue in this marital dissolution was the value of Walnut Telephone Company stock owned by husband.
In re Salomon Analyst Level 3 Litigation
In this securities fraud case, a federal district court ruled that valuation models are opinions, not facts, and that, therefore, an appraiser does not have a duty to disclose others' valuation models in the appraiser's reports.
Burns v. Anderson
Anderson defaulted on the note, and Burns prepared to sell the stock pursuant to the pledge agreement.
Heyne v. Heyne
The issue in this marital dissolution was the value of Walnut Telephone Company stock owned by husband.
In re Emerging Communications, Inc. Shareholders Litigation
The court in this case placed a fair value of $38.05 per share on the stock of a company which was acquired in a two-step going private transaction at $10.25 per share based on a fairness opinion.
Management Projections and Cost of Capital Considered
The Delaware Court of Chancery considered the use of management projections and the use of WACC and CAPM in computing the cost of capital.
Bankruptcy Court Indicates Strong Preference for Market Approach, Price Per Subscriber Multiple
This trial court matter involves an adversarial proceeding in bankruptcy in which the liquidating trustee asserts that USN Communications,Inc.'s ("the debtor") purchase of Connecticut Telephone and Connecticut Mobilecom (CT Tel) stock from the Hatten sellers for $68 million was a fraudulent transfer.
Peltz v. Hatten
Adversarial proceeding in bankruptcy in which the liquidating trustee asserts fraudulent transfer of stock.
Nontransferable Personal Goodwill Excluded From Value
The issue in this case was whether the trial judge erred in valuing of the husband's business. The husband operated his own telecommunications business, Champion Resources. The wife had wo ...
Champion v. Champion
The issue in this case was whether the trial judge erred in valuing of the husband's business.