Did ESOP Fiduciary Breach Duties by Relying on Year-Old Appraisal?
ESOP administrator did not breach duty of care when relying on an appraisal that valued the company a year before its eventual liquidation and sale.
McCabe v. Capital Mercury Apparel
ESOP administrator did not breach duty of care when relying on an appraisal that valued the company a year before its eventual liquidation and sale.
Owner Compensation Must Be Accounted For When Valuing a Business
The Missouri Court of Appeals, Southern District, affirmed the trial court's valuation of the parties' pharmacy business. The lower court valued the business as a retail establishment using the capitalization of earnings approach. It reasoned that, while ...
In RE the Marriage of Helen Marie Stephens v. Michael Joe Stephens
The Missouri Court of Appeals, Southern District, affirmed the trial court's valuation of the parties' pharmacy business. The lower court valued the business as a retail establishment using the capitalization of earnings approach. It reasoned that, while ...
More Problems With Fairness Opinions: Analyst ‘Pleads the Fifth’ and Bank Faces Gross Negligence
Investment analyst “pleads the Fifth” rather than testify as to how “simple” valuation errors might have led to incorrect fairness opinion.
Hair Salon Valued at Gross Receipts Plus Goodwill
The Ohio Court of Appeals, Tenth District, affirmed the valuation of a hair salon, in the absence of expert valuation testimony, at one-year’s gross receipts plus goodwill value, which was based on the owner-spouse’s opinion.
Dolores H. Meeks v. Carl W. Meeks
The Ohio Court of Appeals, Tenth District, affirmed the valuation of a hair salon, in the absence of expert valuation testimony, at one-year’s gross receipts plus goodwill value, which was based on the owner-spouse’s opinion.
Ha-Lo Industries, Inc. v. Credit Suisse Boston
Investment analyst “pleads the Fifth” rather than testify as to how “simple” valuation errors might have led to incorrect fairness opinion.
Royal Oak Sales Inc. v. Philip Stephen Howell, et al.
The California Court of Appeal, 4th District, affirmed a lost profits award in this breach of contract action involving a charcoal manufacturer’s representative.
Lost Profits Recovery Limited by Contract’s 30-Day Termination Provision
The California Court of Appeal, 4th District, affirmed a lost profits award in this breach of contract action involving a charcoal manufacturer’s representative.