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Shareholder Approval ‘Cleanses’ Potential Undervaluation

Per business judgment rule, court dismisses shareholder complaint that board members breached fiduciary duties by rushing to sell entire company where financial advisor had stated separate sales of company’s various business units would maximize value.

Shareholder Approval ‘Cleanses’ Potential Undervaluation

Per business judgment rule, court dismisses shareholder complaint that board members breached fiduciary duties by rushing to sell entire company where financial advisor had stated separate sales of company’s various business units would maximize value.

In re OM Group, Inc. Stockholders Litig.

Per business judgment rule, court dismisses shareholder complaint that board members breached fiduciary duties by rushing to sell entire company where financial advisor had stated separate sales of company’s various business units would maximize value.

Valuation Combines Elements of Rival Experts’ Cash Flow Analyses

Appeals court defers to trial court’s method of applying one expert’s cap rate to other expert’s cash flow analysis when valuing spouse’s interest in closely held company and says “purposeful” application of minority discount has support among valuators.

Browne v. Browne, Jr.

Appeals court defers to trial court’s method of applying one expert’s cap rate to other expert’s cash flow analysis when valuing spouse’s interest in closely held company and says “purposeful” application of minority discount has support among valuators.

Better Industry and Company Experience Persuade Court on DCF, Discounts in Divorce

Divorce court finds the expert with more industry and company experience is the more credible, adopting his DCF with a 20% discount for lack of marketability.

Trahan v. Trahan

Divorce court finds the expert with more industry and company experience is the more credible, adopting his DCF with a 20% discount for lack of marketability.

Phillip J. Barker v. Vulcan Chemical Technologies, Inc., et al.

The California Court of Appeals for the 3rd District affirmed an arbitrator’s award of lost profits in this breach of contract case that resulted in the destruction of Barker’s business.

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