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Strougo v. Tivity Health, Inc.

In this case regarding alleged fraud in the purchase or sale of securities, the defendants pled a motion to dismiss the plaintiffs’ claims. The parties categorized the defendants’ alleged misstatements into two groups: (1) the Nutrisystem claim, where the defendants allegedly misled investors as to the success of the Nutrisystem acquisition; and (2) the goodwill claim, where the defendants allegedly impaired goodwill by carrying goodwill at a value that exceeded its implied fair value. The court denied the motion to dismiss.

Court Denies a Motion to Dismiss Plaintiffs’ Claims That Defendants “Hid” Losses and Impaired Goodwill

In this case regarding alleged fraud in the purchase or sale of securities, the defendants pled a motion to dismiss the plaintiffs’ claims. The parties categorized the defendants’ alleged misstatements into two groups: (1) the Nutrisystem claim, where the defendants allegedly misled investors as to the success of the Nutrisystem acquisition; and (2) the goodwill claim, where the defendants allegedly impaired goodwill by carrying goodwill at a value that exceeded its implied fair value. The court denied the motion to dismiss.

Court Disapproves of Nonexpert Valuation of Key Marital Asset

Appeals court rejects trial court’s valuation of husband’s fitness training company noting trial court lacked necessary financial evidence as well as testimony from experts; appeals court remands requesting “adequate valuation,” excluding goodwill.

Expert Prevails by Documenting Adherence to Valuation Standards

In fraud case, court rejects Daubert challenge, finding expert sufficiently identified assumptions and estimates she relied on and properly re-created subject company’s financial situation based on AICPA standards and authoritative valuation treatises.

Lacoste v. Lacoste

Appeals court rejects trial court’s valuation of husband’s fitness training company noting trial court lacked necessary financial evidence as well as testimony from experts; appeals court remands requesting “adequate valuation,” excluding goodwill.

Court Disapproves of Nonexpert Valuation of Key Marital Asset

Appeals court rejects trial court’s valuation of husband’s fitness training company noting trial court lacked necessary financial evidence as well as testimony from experts; appeals court remands requesting “adequate valuation,” excluding goodwill.

Expert Prevails by Documenting Adherence to Valuation Standards

In fraud case, court rejects Daubert challenge, finding expert sufficiently identified assumptions and estimates she relied on and properly re-created subject company’s financial situation based on AICPA standards and authoritative valuation treatises.

MSKP Oak Grove, LLC v. Venuto

In fraud case, court rejects Daubert challenge, finding expert sufficiently identified assumptions and estimates she relied on and properly re-created subject company’s financial situation based on AICPA standards and authoritative valuation treatises.

Business Debt Renders Expert’s Lack of BV Credentials Inconsequential

Appeals court says trial court’s decision to admit opinion of seasoned CPA expert who was not a credentialed business valuator was not error because valuation was a “non-issue” where evidence showed the indebted company was no longer a going concern.

Sternat v. Sternat

Appeals court says trial court’s decision to admit opinion of seasoned CPA expert who was not a credentialed business valuator was not error because valuation was a “non-issue” where evidence showed the indebted company was no longer a going concern.

Slightest support for court’s valuation renders it unassailable

One of the issues in this marital dissolution was the value of husband’s sole proprietorship interest in Sun Shak Tans, a tanning salon.

Young v. Young

One of the issues in this marital dissolution was the value of husband's sole proprietorship interest in Sun Shak Tans, a tanning salon.

Accounting Expert’s Lost Profits Analysis Accepted Over Economist’s Estimate

The Delaware Court of Chancery calculated lost profits arising from the breach of a contract.

Hassler v. Hassler

The marriage of Deborah L. Hassler and Robert C. Hassler was dissolved by decree of the district court for Douglas County, Nebraska.

Failing Business’s Debt Is Marital Liability

The Nebraska Court of Appeals considered the valuation and division of the assets and liabilities of a massage therapy business operated by the husband. One client, who was not planning to renew its contract, generated the business’s revenues.

Michael Ferguson, et al. (Ferguson I) v. CIR

The Tax Court concluded that individuals who transferred appreciated stock to a charitable organization should be liable for the gain on the stock. The court applied the anticipatory assignment of income doctrine to the charitable donation. In this case ...

Hargrave v. Hargrave

At issue was the value of husband's goodwill in his company.

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