Expert’s Market-Based, ‘Self-Contained’ Solvency Analysis Crumbles
Bankruptcy Court discredits defendant experts’ “self-contained,” market-oriented solvency analysis finding his DCF analysis relied on inflated, “sell-side” company projections and his comparable analyses used insufficiently similar companies and transacti ...
In re Tronox Incorporated
Bankruptcy Court discredits defendant experts’ “self-contained,” market-oriented solvency analysis finding his DCF analysis relied on inflated, “sell-side” company projections and his comparable analyses used insufficiently similar companies and transacti ...
Del. Chancery Says ‘Suspicious’ Valuations Tainted Merger
Despite a disturbing record of questionable valuations and conflicted financial advisors and principals, the Delaware Chancery Court declines to enjoin the billion-dollar merger of Kinder Morgan with El Paso.
Plaintiff Uses Opponent’s Expert Industry Report to Great Advantage
Court of Appeals reinstates full $66.5 million award for tortious interference with contract to develop natural gas reserves, even though this amount exceeded the valuation by plaintiff’s expert and was most likely derived from defendant’s industry report ...
In re El Paso Corp. Shareholders Litigation
Despite a disturbing record of questionable valuations and conflicted financial advisors and principals, the Delaware Chancery Court declines to enjoin the billion-dollar merger of Kinder Morgan with El Paso.
Carlton Energy Group, LLC v. Phillips
Court of Appeals reinstates full $66.5 million award for tortious interference with contract to develop natural gas reserves, even though this amount exceeded the valuation by plaintiff’s expert and was most likely derived from defendant’s industry report ...
Colorado Court Says No National Trend Toward Fair Value in Divorce
Appellate court permits valuation of professional’s earning capacity (goodwill) in appraisal of small law practice when there was no child or spousal support at issue.
In re the Marriage of Thornhill (II)
Colorado Supreme Court declines to adopt statutory fair value standard in marital dissolution cases.
Ruling on Discounts in Divorce Leaves Case Ripe for Appeal
Court of Appeals affirms minority and marketability discounts for cash-rich, closely held business in divorce; dissent urges statutory fair value standard.
Lemmen v. Lemmen
Court of Appeals affirms minority and marketability discounts for cash-rich, closely held business in divorce; dissent urges statutory fair value standard.
Colorado Court Considers Fair Value Standard in Divorce
Colorado Court of Appeals considers extending statutory fair value standard—including preclusion of marketability discounts—to valuing close corporation in divorce.
In re the Marriage of Thornhill (I)
Colorado Court of Appeals considers extending statutory fair value standard—including preclusion of marketability discounts—to valuing close corporation in divorce.
For Choosing Multiples & Comparables, the Data Really Do Matter
Court determines fair market value of limited partnership units in estate tax case, accepting net asset value and market approaches, with dispute focusing on measures and range of multiples for comparables ...
W.G. Anderson, et al. v. United States
Court determines fair market value of limited partnership units in estate tax case, accepting net asset value and market approaches, with dispute focusing on measures and range of multiples for comparables ...
Hess Energy, Inc. v. Lightning Oil Co., Ltd.
The U.S. Court of Appeals for the 4th Circuit affirmed the lower court’s damage calculation in this breach of contract to deliver natural gas case.
In re the Marriage of Ratliff
At issue was Exxon stock owned by both parties.
William Cavallaro; Patricia Cavallaro v. United States
The U.S. Court of Appeals for the First Circuit declined to quash the IRS’ subpoena of an accounting firm’s records relating to work it performed regarding transfer tax and merger issues for the petitioners, their sons and their companies. The court rejec ...
Accountant’s Documents Relating to Transfer Tax and Merger Issues Not Covered by Attorney-Client Privilege
The U.S. Court of Appeals for the 1st Circuit declined to quash the IRS’ subpoena of an accounting firm’s records relating to work it performed regarding transfer tax and merger issues for the petitioners, their sons, and their companies.
John L. Pointer, et al. v. Tennessee Equity Capital Corporation, et al.
The Tennessee Court of Appeals affirmed the trial court’s exclusion of expert testimony and ruling of summary judgment. After a failed business relationship with the defendant, the plaintiff also sued the defendant for actions that caused his company to l ...
Tammy Garlock, et al. v. Southeastern Gas & Power, Inc., et al.
The North Carolina Superior Court for Mecklenburg County determined the fair value of a 39% interest in a natural gas marketing company. The court determined the majority shareholder was guilty of oppressive conduct and appointed an appraiser to value th ...
Key-Man Factors Considered in Fair Value Determination
The North Carolina Superior Court for Mecklenburg County determined the fair value of a 39% interest in a natural gas marketing company.
Linda Costello v. Edward Costello
The New York Supreme Court, Appellate Division, Second Department determined a 50% interest in an oil delivery business could be valued using the net asset value method. However, the court noted that when the value of the assets is determined from the tax ...
Accumulated Depreciation Deducted When Using the Asset Valuation Method
The New York Supreme Court, Appellate Division, Second Department determined a 50% interest in an oil delivery business could be valued using the net asset value method.
Allapattah Services, Inc. v. Exxon Corp.
This case involves numerous motions to exclude expert testimony on damages and related matters under the Daubert standard.
Utah Looks to Other States' Precedents in Dissent Case of First Impression
This is the case of first impression under Utah's dissenting stockholder statute, Utah Code Ann. s 16-10a-1302 (1995), conferring on dissenting stockholders the right to receive "fair value."