Bergquist v. Bergquist
The appellate court (Indiana) found that the circuit court abused its discretion when valuing the wife’s business by not determining a value based on there being no evidence that would support such a value. The appellate court remanded the issue of the value of the business for determination based on evidence that would support it.
Indiana Appellate Court Remands to Revalue Wife’s Business Supported by the Evidence
The appellate court (Indiana) found that the circuit court abused its discretion when valuing the wife’s business by not determining a value based on there being no evidence that would support such a value. The appellate court remanded the issue of the value of the business for determination based on evidence that would support it.
In re Ascena Retail Grp., Inc. Sec. Litig.
In this securities putative class action litigation, plaintiff shareholders alleged that the defendants (Ascena) misrepresented the value of Ascena’s goodwill and trade names in order to inflate Ascena’s stock price artificially. In June 2017, Ascena announced an impairment charge to those assets of $1.3 billion “causing Ascena's already-declining share price to fall precipitously. Ascena ultimately declared Chapter 11 bankruptcy in July 2020.” The defendants moved to dismiss for failure to plead material misrepresentation or scienter or both. The court granted the motion to dismiss but allowed the plaintiffs to amend their complaint.
New Jersey U.S. District Court Dismisses Plaintiffs’ Complaint That Public Company Defendant Overvalued Its Goodwill
In this securities putative class action litigation, plaintiff shareholders alleged that the defendants (Ascena) misrepresented the value of Ascena’s goodwill and trade names in order to inflate Ascena’s stock price artificially. In June 2017, Ascena announced an impairment charge to those assets of $1.3 billion “causing Ascena's already-declining share price to fall precipitously. Ascena ultimately declared Chapter 11 bankruptcy in July 2020.” The defendants moved to dismiss for failure to plead material misrepresentation or scienter or both. The court granted the motion to dismiss but allowed the plaintiffs to amend their complaint.
Marketing and Financial Experts Clear First Hurdle in Copyright Infringement Case
Good use of marketing and financial expert defeats summary judgment and Daubert motions related to claims of lost profits arising from copyright infringement.
Brighton Collectibles, Inc. v. Coldwater Creek, Inc.
Good use of marketing and financial expert defeats summary judgment and Daubert motions related to claims of lost profits arising from copyright infringement.
Size of Voting Block Crucial to Premium
The issue for decision in these consolidated cases is the value of the gifts that the decedent made to his two sons, by means of a 1990 transaction in which he and his wife exchanged voting common stock in his closely held corporation for nonvoting common stock, with the result that his two sons ended up owning all of the voting stock of the corporation.
Estate of Bosca v. Commissioner
Business Valuation and Taxes: Procedure, Law and Perspective ...
International Star Class Yacht Racing Association v. Tommy Hilfiger U.S.A., Inc.
The U.S Court of Appeals for the Second Circuit instructed a lower court to considered evidence (cost data) in the record of Hilfiger's profit margin on the infringing sales as well as evidence of sales attributable to Hilfiger's dominant trademark in thi ...
Evidence of Sales Allocated to Infringer’s Dominant Trademark Permitted
The U.S Court of Appeals for the Second Circuit instructed a lower court to considered evidence (cost data) in the record of Hilfiger's profit margin on the infringing sales as well as evidence of sales attributable to Hilfiger's dominant trademark in thi ...