Architectural Firms
This industry comprises establishments primarily engaged in planning and designing residential, institutional, leisure, commercial, and industrial buildings and structures by applying knowledge of design, construction procedures, zoning regulations, building codes, and building materials.
Walsh v. Preston
In this ESOP ERISA case, the government (plaintiffs) (Secretary of Labor) alleged claims against the defendants, Robert N. Preston and TPP Holdings Inc. (and nominally against its ESOP) for: (1) breach of fiduciary duties; (2) engaging in prohibited transactions; and (3) co-liability of defendants. In a lengthy opinion, the court determined that the defendants did breach fiduciary duties and did engage in prohibited transactions. It further decided that there was no co-liability among the defendants, but it did not allow an offset of payments on debt of TPP Preston personally made. In determining FMV, the court did not allow a minority interest discount. In so doing, the resulting damages determined were minimal.
U.S. District Court Decides Some Issues for Government and Some for Defendants But Very Little in Damages in an ERISA ESOP Case
In this ESOP ERISA case, the government (plaintiffs) (Secretary of Labor) alleged claims against the defendants, Robert N. Preston and TPP Holdings Inc. (and nominally against its ESOP) for: (1) breach of fiduciary duties; (2) engaging in prohibited transactions; and (3) co-liability of defendants. In a lengthy opinion, the court determined that the defendants did breach fiduciary duties and did engage in prohibited transactions. It further decided that there was no co-liability among the defendants, but it did not allow an offset of payments on debt of TPP Preston personally made. In determining FMV, the court did not allow a minority interest discount. In so doing, the resulting damages determined were minimal.
Experts Need to Link Copyright Infringement to Specific Lost Revenues
Court excludes expert evidence regarding copyright infringement that does not provide specific causal link between defendant’s gross revenues from infringement and the copyrighted works.
Interplan Architects, Inc. v. C.L. Thomas, Inc.
Court excludes expert evidence regarding copyright infringement that does not provide specific causal link between defendant’s gross revenues from infringement and the copyrighted works.
Chancellor's careful valuation upheld; Net asset and rule-of-thumb evidence considered
The issue in this case is whether the chancellor erred in valuing the husband's architecture firm for marital dissolution purposes.
Miller v. Miller
At issue is the valuation of appellant's architecture business.
Price Paid PA&E Stockholders
This is the latest installment in the lengthy saga of Howard v. Shay , a case of ESOP participants suing for undervaluation on termination of the ESOP and sale of its 38.6% stock interest to a trust controlled by the controlling stockholder.
Howard v. Shay (remanded to District Court)
At issue is breach of ESOP fiduciary duties.
9th Circuit Reverses PA&E District Court Decision
Pacific Architect and Engineers Inc. (PA&E ) ESOP sold its 40% stock interest to a family trust established by the stockholder, Edward Shay, who owned the other 60%.
Howard v. Shay (US Appeals Court)
At issue is the valuation of a real estate holding company.
Douglas A. Johnson v. Theresa C. Jones, et al.
The U.S. District Court for the Eastern District of Michigan calculated an architect's damages under the Lanham Act for defendant's willful infringement of his architectural drawings. The damages against both defendant builder and architect were calculat ...
Should Lease Obligation Be Deducted From Value?
In an action for bankruptcy debtor Raymond Lyall, an architect, testified and produced an analysis valuing his 100% stock ownership in Lyall Design Inc. a professional corporation, at $1,558.41.
Monticello Arcade v. Lyall
At issue is whether the bankruptcy court accurately valued Debtor's 100% stock interest in Lyall Design, Inc.
Howard v. Shay (District Court)
At issue is breach of ESOP fiduciary duties.
Buckl v. Buckl
Issue is whether the husband's interest in a partnership of architects acquired after marriage is marital property.