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.
Appeals Court Upholds Insolvency Rulings in Transfer Liability Case
Appeals court upholds Tax Court’s transfer liability rulings; there was constructive fraud in that dividend payments to appellant were not compensation for services rendered but were part of a series of transfers leading to company’s insolvency.
Kardash v. Commissioner (III)
Appeals court upholds Tax Court’s transfer liability rulings; there was constructive fraud in that dividend payments to appellant were not compensation for services rendered but were part of a series of transfers leading to company’s insolvency.
Appeals Court Upholds Insolvency Rulings in Transfer Liability Case
Appeals court upholds Tax Court’s transfer liability rulings; there was constructive fraud in that dividend payments to appellant were not compensation for services rendered but were part of a series of transfers leading to company’s insolvency.
Tax Court Explains Valuation Method Behind Solvency Ruling
In transferee liability case, Tax Court reconsiders parts of its original solvency determination and clarifies that its analysis relies largely on IRS expert’s market multiple valuation, rather than the asset accumulation value the expert had recommended.
Kardash v. Commissioner (II)
In transferee liability case, Tax Court reconsiders parts of its original solvency determination and clarifies that its analysis relies largely on IRS expert’s market multiple valuation, rather than the asset accumulation value the expert had recommended.
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 ...
Prenuptial Lacking Appraised Values
Court invalidates antenuptial agreement for lack of adequate disclosure, including appraised values of husband’s assets.
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.
Stemler v. Stemler
Court invalidates antenuptial agreement for lack of adequate disclosure, including appraised values of husband’s assets ...
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.
Tax Appraisals Not Enough in Alaskan Partnership Dissolution
The trial court in this partnership dissolution case approved the remedy of a buyout of one of the partnership's interest.
Richard Harris v. AHTNA, Inc.
The Alaska Supreme Court held that a put-and-call option buy-sell agreement must be symmetrical such that the price proposed by the offeror will be the same whether he buys or sells under that agreement. Therefore, it held that the inclusion of non-moneta ...
Alaska Supreme Court Considered a Put-and-Call Option in a Buy-Sell Agreement
The Alaska Supreme Court held that a put-and-call option buy-sell agreement must be symmetrical such that the price the offeror proposed will be the same whether he buys or sells under that agreement.
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.
Disotell v. Stiltner
The trial court in this partnership dissolution case approved the remedy of a buyout of one of the partnership’s interest.
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.