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In Misappropriation Case, Expert’s ‘Head Start’ Damages Calculation Survives Appeal

In breach of fiduciary duty and misappropriation case, appeals court upholds arbitration award of “head start” damages; expert for employer calculated value to the employee from owing equity in competing company whose valuation was higher because of employee’s misconduct toward former employer.

Sabre GLBL, Inc. v. Shan

In breach of fiduciary duty and misappropriation case, appeals court upholds arbitration award of “head start” damages; expert for employer calculated value to the employee from owing equity in competing company whose valuation was higher because of employee’s misconduct toward former employer.

Court Says ‘Fair Value’ Under State Shareholder Oppression Law Precludes Discounts

In shareholder oppression suit, court clarifies meaning of “fair value” under applicable statutory framework; court cautions not to conflate “fair value” with “fair market value”; in drafting statute, state legislature explicitly and implicitly conveys its rejection of discounting, court says.

Kolwe v. Civil and Structural Engineers, Inc.

In shareholder oppression suit, court clarifies meaning of “fair value” under applicable statutory framework; court cautions not to conflate “fair value” with “fair market value”; in drafting statute, state legislature explicitly and implicitly conveys its rejection of discounting, court says.

Service Business Valuation Triggers Double-Dip Rule

New York appellate court finds trial court’s spousal support determination violated double counting rule where expert valued husband’s solely owned engineering company based on an income approach and the business was a service business.

Gifford v Gifford

New York appellate court finds trial court’s spousal support determination violated double counting rule where expert valued husband’s solely owned engineering company based on an income approach and the business was a service business.

Mixed Methodologies Render Expert’s Opinion on Lost Profits Unreliable

Lost profits calculations in construction claims case lacks objectivity, consistency, and specificity.

Fluor Enterprises, Inc. v. Conex International Corp.

Lost profits calculations in construction claims case lacks objectivity, consistency, and specificity.

Lack of Fair Value Appraisal Leaves Minority Shareholder With Assessment of Discounts

Minority shareholder fails to provide fair value appraisal of shares, leaving company’s discounted valuation as the only alternative.

Trietsch v. Circle Design Group

Minority shareholder fails to provide fair value appraisal of shares, leaving company’s discounted valuation as the only alternative.

Scott E. Bova v. Theaodis Gary, Jr.

The Indiana Court of Appeals determined that the trial court may permit the recovery of lost profits from an S corporation as lost earnings capacity damages resulting from the injuries its sole shareholder and prime mover experienced in an automobile accident.

Court’s division based on pro rata breach of fiduciary duty

At issue in this marital dissolution was the valuation of the couple’s engineering consulting business, Oasis Consulting.

Schuneman v. Bellrose

Business was abandoned and lost its value by trial date, but since no alternative valuation date was requested, the court used the original value.

Valuations based on redemption price set by corporations upheld

In this marital dissolution, the court of appeals upheld the trial court's valuation of the husband's interest in Sundquist Engineering, PC , and SEA Corp ., an S corporation, because the ...

Crawford v. Crawford

At issue is the valuation of husband's shares of stock in a closely-held engineering company.

Use of excess income approach and choice of valuation date not abuse of discretion

This marital dissolution appeal concerns the trial court's valuations of marital assets for the marital property distribution.

Nelson v. Nelson

At issue is the valuation of the marital property including couple's engineering company.

In re the Marriage of Mitchell

At issue is the valuation and division of the marital property, including husband's hydrology business.

Personally enjoyed corporate property included in marital property distribution

One of the issues raised in this appeal of the Mitchell marital dissolution was whether corporate assets should have been included in the property distribution.

In re the Marriage of Havrilak

At issue is the valuation of husband's co-ownership interest in an environmental engineering company.

Marketability discount without evidence of basis reversed

The Minnesota Court of Appeals remanded the valuation portion of the district court's decision in this marital dissolution case.

Court finds no intangibles

Among other issues, wife contests assigned value of husband's consulting business - a sole proprietorship. Wife's expert, Carl J. Monastra, was found to be unreliable by Court, except for ...

Iowa Supreme Court Affirms Damages From Lost Royalties

On appeal, Nieman's appealed a ruling that awarded Olson $650,000 in damages for misappropriation of a trade secret. Olson cross appealed regarding the district court's refusal to award exem ...

Briskey v. Briskey

One issue was whether the trial court abused its discretion when it ignored the testimony of one of the experts.

Olson v. Nieman's, Ltd.

Issue was whether the plaintiff's expert's damages calculation was speculative.

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