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AICPA urges Congress to act on PPP-related deductions

New guidance from the IRS says that, if a business “reasonably believes” that its Paycheck Protection Program (PPP) loan will be forgiven, the costs related to that loan are not deductible.

D&P enhances infographic on cost of capital

Duff & Phelps has updated its infographic, “Cost of Capital in the Current Environment,” and has enhanced it with new data on the eurozone.

Does COVID-19 alter the Companies Act, or the value of minority shares?

All business valuers accept the fact that minority shares hold discounted value.

Attorneys and Valuers Link Up at AAML/BVR Virtual Divorce Conference

Coverage of several sessions that include tips on managing client expectations in uncertain times and the new “abnormal” with respect to executive compensation.

Estimating a COVID-19 Marketability Discount for Small Businesses

A framework of thinking for developing a marketability discount for a majority interest on a small business in the wake of the pandemic.

BVU News and Trends November 2020

A monthly roundup of key developments of interest to business valuation experts.

Global BVU News and Trends November 2020

Business valuation news from a global perspective.

Recap of the VSCPA Business Valuation, Fraud, and Litigation Services Conference

Timely topics include how BVFLS experts are accounting for the impact of COVID-19, reviewing a valuation report, an estate/trust update, and a new idea to boost your practice. This two-day event was sponsored by the Virginia Society of CPAs (VSCPA).

AFM Mattress Co. v. Motorists Commercial Mutual Insurance Company

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants a motion to dismiss claims of plaintiff. While plaintiff claims losses due to COVID-19, it does not sufficiently move the court to consider the virus exclusion of the policy inapplicable. A motion for a sur-response to espouse an alternative theory was also denied but without prejudice.

In COVID-19 Business Interruption Case, Court Finds Plaintiffs Did Not Argue Physical Loss and Virus Exemption Applies

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants a motion to dismiss claims of plaintiff. While plaintiff claims losses due to COVID-19, it does not sufficiently move the court to consider the virus exclusion of the policy inapplicable. A motion for a sur-response to espouse an alternative theory was also denied but without prejudice.

Valuing Full-Service Restaurants: Six Key Considerations in Today’s Market

The final chapter on the impact of the pandemic on the full-service restaurant sector has yet to be written. In the meantime, thinking continues to evolve on conducting valuations in the current environment. In a new special report, What It’s Worth: Valuing Full-Service Restaurants, BVR covers the fundamentals and unique considerations for restaurant valuation—as well as how to assess the long-term outlook for consumer preferences and financial performance. Based on conversations, webinars, and conference sessions with many valuation experts, here are six pandemic-related issues you should consider.

Graspa Consulting v. United Nat’l Ins. Co.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court dismisses plaintiff’s (a restaurant chain owner/operator) claims against insurance company; plaintiffs did not incur (nor did it assert) physical damages to premises as required by the terms of the insurance policy.

In COVID-19 Business Interruption Case, Court Grants Defendant’s Motion to Dismiss Plaintiff’s Claim for COVID-19-Related Losses

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court dismisses plaintiff’s (a restaurant chain owner/operator) claims against insurance company; plaintiffs did not incur (nor did it assert) physical damages to premises as required by the terms of the insurance policy.

In COVID-19 Business Interruption Case, Court Finds Plaintiff ENT Practice Fails to Allege Any Harm to Insured Property

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants a motion to dismiss claims of the plaintiff. While the plaintiff claims losses due to COVID-19 shutdowns, the plaintiff fails to allege any actual harm to the insured property. Key Words: COVID-19, coronavirus, damages, physical loss, insurance, business interruption loss, business interruption ...

S. Fla. Ent Assocs. v. Hartford Fire Ins. Co.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants a motion to dismiss claims of the plaintiff. While the plaintiff claims losses due to COVID-19 shutdowns, the plaintiff fails to allege any actual harm to the insured property.

New ‘Subchapter V’ bankruptcies gain steam

Valuations have always been a crucial element in bankruptcies.

Small Business, Bankruptcy and Business Valuation

The Small Business Restructuring Act makes Chapter 11 reorganization proceedings faster, cheaper and more efficient for companies that come to Bankruptcy Court with debts below the statutory cap. That may allow certain small business to survive the current turmoil resulting from the corona virus pandemic. What is, however, not yet clear is the role of business valuators in the process. Michael Pakter explains what that role might be.

ESOPs: good for employees but facing an uncertain future

A recent article in the New York Times extols the virtues of employee ownership through employee stock ownership plans (ESOPs).

Hitchner debuts monthly Hardball publication

James Hitchner (Valuation Products and Services) has released the first issue of Hardball With Hitchner.

BVWire to cover AICPA FVS conference November 9-11

BVWire is looking forward to the AICPA’s Forensic and Valuation Services Conference live online November 9-11.

In COVID-19 Business Interruption Case, Court Finds Plaintiffs Did Not Argue Physical Loss and Virus Exemption Applies

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court granted a motion by the defendant insurance company to dismiss claims of plaintiffs; plaintiffs did not argue that they sustained a physical loss, and coverage would have been denied nevertheless by the virus exemption.

Real Hosp., LLC v. Travelers Cas. Ins. Co. of Am.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court granted a motion by the defendant insurance company to dismiss claims of plaintiffs; plaintiffs did not argue that they sustained a physical loss, and coverage would have been denied nevertheless by the virus exemption.

Pandemic Triggers Chances for Valuers in Exit Planning

Remarks from the AICPA ENGAGE conference on the timely opportunities for financial professionals in exit/succession planning. This article gives some basics on how valuation experts can leverage their experience into this type of consulting.

This Deceptively Simple Tool Can Help Clients Forecast Cash Flow

Valuation and forensics expert Darrell Dorrell (Financial Forensics) offers an Excel spreadsheet you can give clients to help them keep a close eye on their cash flow during these tough times.

Back to Basics for Lost Profit Damages Calculations Amid COVID-19

Does the pandemic have an impact on the measurement of future lost profits, particularly where the underlying breach occurred before the pandemic arose? This is an area of law that could change as courts begin to face disputes in the context of a COVID-19 world. In the meantime, this article gives a primer on calculating lost profits damages.

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