Manufacturing: General
Rules of Thumb annual sales includes inventory 40%–60% SDE (depending on size quality) includes inventory 3–4 x SDE; must manufacture product; not be a job shop 3–4 x EBITDA 3–5 x EBIT 4–6 x Pricing Tips Once SDE/EBITDA exceeds $1M, the multiple for sales price increases, especially if the buyer is a strategic buyer. If the construction business is not very profitable, request that the seller get a certified appraisal for their machinery and ...
Contract Manufacturing
This industry comprises establishments, known as machine shops primarily engaged in machining metal parts on a job or order basis. Generally machine shop jobs are low volume using machine tools, such as lathes (including computer numerically controlled); automatic screw machines; and machines for boring, grinding, and milling.
In re Rozdolsky
In this complex Illinois divorce case, the appellate court affirmed the valuation of the husband’s business. The trial court had already reduced the wife’s expert’s valuation by 30%. Overall, the husband raised nine issues on appeal, including having to contribute to the wife’s attorney’s and expert fees, resulting from the husband’s lack of cooperation in discovery.
Illinois Appellate Court Affirms Valuation of Marital Business
In this complex Illinois divorce case, the appellate court affirmed the valuation of the husband’s business. The trial court had already reduced the wife’s expert’s valuation by 30%. Overall, the husband raised nine issues on appeal, including having to contribute to the wife’s attorney’s and expert fees, resulting from the husband’s lack of cooperation in discovery.
In re Marriage of Preston
In divorce case, appellate court upholds valuation based on opinion of husband’s expert using MUM method to separate total goodwill value into personal and enterprise components; court also upholds use of small marketability discount where owner spouse is the sole owner of the company.
Court Favors MUM Method for Goodwill Allocation in Illinois Divorce Case
In divorce case, appellate court upholds valuation based on opinion of husband’s expert using MUM method to separate total goodwill value into personal and enterprise components; court also upholds use of small marketability discount where owner spouse is the sole owner of the company.
Court Clarifies Rule 26 Protection for ‘Reporting’ and ‘Non-reporting’ Experts
Court says background information in expert’s report is what Rule 26 has in mind in requiring statement of “the facts or data considered by the witness” in forming his opinion; court clarifies discovery rules to communication with nonreporting expert.
Court Clarifies Rule 26 Protection for ‘Reporting’ and ‘Non-Reporting’ Experts
Court says background information in expert’s report is what Rule 26 has in mind in requiring statement of “the facts or data considered by the witness” in forming his opinion; court clarifies discovery rules to communication with nonreporting expert.
Luminara Worldwide, LLC v. Liown Elecs. Co.
Court says background information in expert’s report is what Rule 26 has in mind in requiring statement of “the facts or data considered by the witness” in forming his opinion; court clarifies discovery rules to communication with nonreporting expert.
Is Expert Valuation Still Valid After Routine Destruction of Underlying Workpapers?
Court considers whether an expert can rely on valid but aged report after routine destruction of underlying workpapers, and also whether the expert can supplement the report with information not available at the time of the original.
Lawton v. Bank of America Corp.
Court considers whether an expert can rely on valid but aged report after routine destruction of underlying workpapers, and also whether the expert can supplement the report with information not available at the time of the original.
Expert’s Yardstick Method Excluded Under Daubert for Failing to Perform a Market Analysis in Connection With the Damage Computation
The U.S. District Court for Kansas excluded a financial expert’s damage computation under Daubert in this false advertising matter. The expert utilized the yardstick method and a one-to-one sales loss assumption. Because she failed to perform a market ana ...
Robert J. Pound v. Airosol Company, Inc.
The U.S. District Court for Kansas excluded a financial expert’s damage computation under Daubert in this false advertising matter. The expert utilized the yardstick method and a one-to-one sales loss assumption. Because she failed to perform a market ana ...
Party’s Failure to Cooperate in Appraisal Backfires
In this marital dissolution case, husband had owned a modular buildings business, which he later transferred to wife, who renamed it Elite Modular Structures.
Mary Ann Linsell v. Applied Handling, Inc.
The Michigan Court of Appeals determined that a financial expert should not be excluded as a discovery sanction when the failure to provide supplemental responses to interrogatories from an expert are occasioned by a delay in providing necessary information.
Stribling v. Stribling
In this marital dissolution case, husband had owned a modular buildings business, which he later transferred to wife, who renamed it Elite Modular Structures.
Infinity Products, Inc. v. Herbert Quandt and Fabri-Tech, Inc.
The Indiana Court of Appeals affirmed a lost profits award for misappropriation of trade secrets. The court rejected the position that because Infinity had entered the business by acquisition, it should be precluded from recovering lost profits because i ...
Offerman v. Offerman
Issue is the value of a closely held corporation which belonged to both husband and wife, and whether unperformed contracts should be considered in value.
Reasonable value of contracts to be included in valuation of corporation
The primary issue in this marital dissolution is the value of a closely held corporation, Mark Made Inc. , which belonged to both husband and wife.
In re Marriage of Breslow
At issue is the valuation of husband's shares of stock as marital property.
In re Marriage of Breslow
The issue in this case is whether a party can appeal a trial court's final judgment regarding the value of stock. The wife in this case mistakenly interpreted the trial court's judgment, whi ...
Dexsil Corporation (Dexsil II) v. CIR
The U.S. Court of Appeals for the Second Circuit reversed and remanded the Tax Court's decision reducing Dexsil's sec. 162 deduction because it found the CEO's compensation unreasonable. The Second Circuit ruled that the five step Rapco analysis applied ...
Hypothetical Investor Test Used When Determining Reasonable Compensation
The U.S. Court of Appeals for the 2nd Circuit reversed and remanded the Tax Court's decision reducing Dexsil's sec. 162 deduction because it found the CEO's compensation unreasonable.
Lost Profits Recoverable When Business’ Assets Are Converted
The Tennessee Court of Appeals reversed the lower court and found that the company could recover lost profits when its assets were converted. After Haraway failed to make payments under the buy-sell agreement, Burnett took possession of the collateral ...
Coy N. Haraway and Redwing Technical Systems v. William C. Burnett
The Tennessee Court of Appeals reversed the lower court and found that the company could recover lost profits when its assets were converted. After Haraway failed to make payments under the buy-sell agreement, Burnett took possession of the collateral ...