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Manichaean Capital, LLC v. SourceHOV Holdings, Inc.

In appraisal proceeding, Court of Chancery adopts petitioner expert’s DCF-based model for calculating fair value, making slight adjustment to expert’s size premium; on beta calculation, court finds respondent expert’s novel approach “does not survive judicial scrutiny” and raises Daubert issues.

Novel Beta Method Occasions Rebuke From Court of Chancery in Appraisal Case

In appraisal proceeding, Court of Chancery adopts petitioner expert’s DCF-based model for calculating fair value, making slight adjustment to expert’s size premium; on beta calculation, court finds respondent expert’s novel approach “does not survive judicial scrutiny” and raises Daubert issues.

Helen Ziegler Benjamin v. Island Management

In a family dispute featuring related closely held companies and claims of breach of fiduciary duty and mismanagement, court, based on financial testimony from plaintiffs’ expert, orders inspection of defendant company’s records, including general ledger, fee agreements, and executive compensation.

Financial Expert Testimony Persuades Court to Order Inspection of Company Records

In a family dispute featuring related closely held companies and claims of breach of fiduciary duty and mismanagement, court, based on financial testimony from plaintiffs’ expert, orders inspection of defendant company’s records, including general ledger, fee agreements, and executive compensation.

Remy v. Lubbock Nat’l Bank

In ESOP case, court finds ERISA provides for right to contribution among co-fiduciaries but finds trustee defendant has no right to contribution from nonfiduciary ESOP appraiser if trustee were found liable to ESOP for losses; court dismisses third-party complaint against ESOP appraiser.

Trustee’s Claim for Contribution Against ESOP Appraiser Collapses

In ESOP case, court finds ERISA provides for right to contribution among co-fiduciaries but finds trustee defendant has no right to contribution from nonfiduciary ESOP appraiser if trustee were found liable to ESOP for losses; court dismisses third-party complaint against ESOP appraiser.

Infogroup, Inc. v. Database USA.com LLC

Ruling on defendant’s post-trial motions, court reduces damages for copyright infringement where plaintiff’s expert included in damage calculation defendant’s profits for years for which the plaintiff failed to show “causal nexus” between profits claimed and the actual infringement.

Court Limits Damages for Copyright Infringement, Noting Lack of ‘Causal Nexus’

Ruling on defendant’s post-trial motions, court reduces damages for copyright infringement where plaintiff’s expert included in damage calculation defendant’s profits for years for which the plaintiff failed to show “causal nexus” between profits claimed and the actual infringement.

Washington Court Explains Principle Guiding Double-Dip Analysis

Appeals court says there was no double dipping where the business, valued under an income approach, was a going concern, not a fixed asset, and would continue to generate income for owner spouse with which to pay maintenance award to nonowner spouse.

Washington Court Explains Principle Guiding Double-Dip Analysis

Appeals court says there was no double dipping where the business, valued under an income approach, was a going concern, not a fixed asset, and would continue to generate income for owner spouse with which to pay maintenance award to nonowner spouse.

In re Marriage of Cheng

Appeals court says there was no double dipping where the business, valued under an income approach, was a going concern, not a fixed asset, and would continue to generate income for owner spouse with which to pay maintenance award to nonowner spouse.

Danger of ‘Limited Appraisal’ in Divorce

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.

Divorce Court Credits Buy-Sell (and Discredits ‘Controlling’ Owner) in Business Value

Court credits buy-sell in valuation of consulting business.

Silver v. Silver

Court credits buy-sell in valuation of consulting business.

Valuation based on financial statements upheld

One issue in this marital dissolution was whether the trial court abused its discretion in its valuation of husband’s one-third partnership interest in the marketing firm, Results Unlimited.

Amsbaugh v. Amsbaugh

Wife's valuation purely speculative, court's valuation based on records indicating loss upheld.

Woodward v. North Carolina Management Company

Trial court fails to address issue before jury of payments made but enters judgement anyway.

Low-End Revenue Multiplier Accounts for Corporate Debts

This case involved a claim for unpaid commissions and stock buyout valuation by Jon Billigmeier, the minority owner of Concorde Marketing Inc. , against the corporation and Glenn Willing, the majority owner.

Billigmeier v. Concorde Marketing, Inc.

Claim for unpaid commissions and stock buyout valuation by the minority owner of Concorde Marketing, Inc. against the corporation and the majority owner.

Freeman v. Freeman

At issue is the valuation of husband's interest in a technology business and the possible error by the trial court of not instructing the parties to submit expert testimony as to the value o ...

Competent evidence of net asset value presented: No court-appointed expert required

One of the primary issues in this marital dissolution is the characterization and valuation of the husband's 50% interest in Advanced Technology Resources Inc.

Prior purchase of 50% of stock sets floor for valuation

One of the primary issues in this marital dissolution was the valuation of GSP Marketing Services, Inc., of which husband was the sole shareholder.

In re the Marriage of Grunsten

At issue is the valuation of husband's marketing business.

Knight v. Knight

Issue was whether trial court erred in awarding husband one-half the value of the goodwill in wife's business in light of parties' community property agreement.

In re Marriage of Martin

At issue was the value of the husband's consulting and publishing business.

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