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Expert’s Damages Calculation Based on Extensive Experience in Field Is Reliable, Court Finds

Court admits survey evidence, finding expert’s methodology conformed to accepted principles in the field and noting that technical objections go toward weight; court also admits both parties’ damages experts, finding they had extensive experience in the field and were both qualified; questions as to reliability of method “can be explored at trial.”

Geiger v. Creative Impact Inc.

Court admits survey evidence, finding expert’s methodology conformed to accepted principles in the field and noting that technical objections go toward weight; court also admits both parties’ damages experts, finding they had extensive experience in the field and were both qualified; questions as to reliability of method “can be explored at trial.”

Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLP

Court rejects plaintiff’s damages calculation related to sweeping fraud and contract breach allegations where plaintiff submitted expert report before court’s liability rulings and failed to offer revised expert report after liability trial; damages were not sufficiently tied to proven wrongs.

Plaintiff’s Overbroad Damages Calculation Prompts Court Not to Grant Award for Proven Wrongdoing

Court rejects plaintiff’s damages calculation related to sweeping fraud and contract breach allegations where plaintiff submitted expert report before court’s liability rulings and failed to offer revised expert report after liability trial; damages were not sufficiently tied to proven wrongs.

Court Looks to Owner’s ‘Proportionate’ Share in Business to Quantify Appreciation in Value

In quantifying marital portion of appreciation of owner spouse’s separate property, trial court relies on owner’s “proportionate” share in company but also considers expert testimony as to third parties’ efforts and owner’s role in generating revenue; court rejects passive factor analysis.

Herbert v. Joubert

In quantifying marital portion of appreciation of owner spouse’s separate property, trial court relies on owner’s “proportionate” share in company but also considers expert testimony as to third parties’ efforts and owner’s role in generating revenue; court rejects passive factor analysis.

Goodwill Determination Turns on Classification of Auction Business

Appeals court affirms trial court’s finding that all the goodwill in husband’s auction business is nontransferable where the husband is the only licensed auctioneer and the sole shareholder of the company and allows for expansion of concept of profession.

McCarter v. McCarter

Appeals court affirms trial court’s finding that all the goodwill in husband’s auction business is nontransferable where the husband is the only licensed auctioneer and the sole shareholder of the company and allows for expansion of concept of profession.

Glaring Unfamiliarity With Patent Law Disqualifies Expert

District court disqualifies proffered expert under all the Daubert factors, finding he lacked any understanding of patent cases and the dominant legal principles; he applied the discredited 25% rule of thumb and the entire market value rule, failed to pro ...

Info-Hold, Inc. v. Muzak LLC

District court disqualifies proffered expert under all the Daubert factors, finding he lacked any understanding of patent cases and the dominant legal principles; he applied the discredited 25% rule of thumb and the entire market value rule, failed to pro ...

Court Reproves Spouse’s Efforts to Lower Value of Community Business

California appellate court affirms trial court’s rejection of husband’s motion to value the community business at separation rather than at trial; the latter is the presumed valuation date under state law and the husband’s request was not “good cause,” bu ...

Valuation of Family Business Survives Expert’s Deviation From Industry Standards

Court of Appeals rejects husband’s claim that trial court erred in valuing interest in family business based on wife’s expert’s computation, which deviated from industry standards and included discounts (DLOM, DLOC, personal goodwill) based on expert’s ag ...

Charles v. Charles

California appellate court affirms trial court’s rejection of husband’s motion to value the community business at separation rather than at trial; the latter is the presumed valuation date under state law and the husband’s request was not “good cause,” bu ...

Russell v. Russell

Court of Appeals rejects husband’s claim that trial court erred in valuing interest in family business based on wife’s expert’s computation, which deviated from industry standards and included discounts (DLOM, DLOC, personal goodwill) based on expert’s ag ...

Hayden v. Pittendrigh

Court dismisses wife’s claim fraud against the husband, finding that she accepted $1 million for her share in the marital business, based on a limited appraisal, and waited too long after finding out the company sold for $54 million to bring her suit.

Reasonable Compensation Analysis Must Incorporate Applicable Legal Test

Tax Court finds CEO compensation reasonable under the independent investor test when return on equity approaches 20% but finds -15% return unacceptable and adjusts compensation to result in 10% return.

Kehrin v. Kehrin

Husband’s valuation expert incorrectly reduced the hard assets (cash and accounts) of an ongoing business by a personal goodwill value.

Multipak Corp. v. Commissioner

Tax Court finds CEO compensation reasonable under the independent investor test when return on equity approaches 20%, but finds negative 15% return unacceptable, and adjusts compensation to result in 10% return.

Broker vs. BV Expert Value License Bureau for Divorce: Who Is More Credible?

Divorce court adopts a broker’s net asset value for licensing bureau, finding that its lack of transferability was key applying to this approach versus a BV expert’s capitalization/excess earnings analysis.

Court Calls Expert Statutory Fair Value ‘Too Good to Be True’

Court reduces statutory fair value valuation of minority shareholder’s interest due to expert’s failure to account for company’s financial troubles and fraud.

Encompass Teleservices, Inc. v. Sheets

Court reduces statutory fair value valuation of minority shareholder’s interest due to expert’s failure to account for company’s financial troubles and fraud.

Is a Court-Appointed Appraiser Protected From Malpractice?

Appraiser sued for malpractice, claims quasi-judicial immunity.

Use of ‘Hypothetical Market’ Standard in Valuing Record Company Logo

Court weighs in on the "hypothetical market" standard to determine logo's worth.

Peterka v. Dennis (I)

Appraiser sued for malpractice claims quasi-judicial immunity.

Popovich v. Sony Music Entertainment, Inc.

Court weighs in on the "hypothetical market" standard to determine logo's worth.

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