BV News and Trends March 2023
A monthly roundup of key developments of interest to business valuation experts.
BV News and Trends February 2023
A monthly roundup of key developments of interest to business valuation experts.
O’Mahony v. Whiston
In a case of disputes among the owners of an Irish soccer bar in New York City, the court awarded economic damages and punitive damages after the controlling owners took proceeds of a lease buyout of the bar’s prior location to establish a new identical bar in a new location while cutting out the minority owners from the new bar. Using assets of the old corporation and thereby misappropriating a corporate opportunity of the old corporation, they started a new identical bar (including the name) in a new location in a corporation the control owners set up.
New York Court Awards Lost Corporate Opportunity and Punitive Damages in Restaurant-Related Case
In a case of disputes among the owners of an Irish soccer bar in New York City, the court awarded economic damages and punitive damages after the controlling owners took proceeds of a lease buyout of the bar’s prior location to establish a new identical bar in a new location while cutting out the minority owners from the new bar. Using assets of the old corporation and thereby misappropriating a corporate opportunity of the old corporation, they started a new identical bar (including the name) in a new location in a corporation the control owners set up.
Recap of the Biggest BV Event of 2022—the AICPA FVS Conference
The AICPA’s plans for its forensics and valuation section, incredible frauds, an opportunity in bankruptcy, tips for determining goodwill, and the future of BV are discussed in this recap article—the first of several that will cover this biggest conference of the year.
BV News and Trends January 2023
A monthly roundup of key developments of interest to business valuation experts.
Accounting standards needed for crypto, urges paper
“We recommend that accounting regulators undertake standard-setting specifically for cryptocurrencies instead of allowing companies to choose which existing standard to apply and how to do so,” says a new paper, “Financial Reporting for Cryptocurrency.”
Novosel v. Azcon Inc.
In this ESOP-related case, the plaintiff (an ESOP plan beneficiary) raised three complaints, two of which were primarily the result of the performance and use by the ESOP of an interim valuation date for measurement of the value of her shares for her retirement payments made over time. There was also discussion regarding the interim value determined and whether a PPP loan of $1.2 million should have been considered. The defendants moved for dismissal on the first two accounts. The court denied the dismissal of the first complaint in regard to assertions that the use of the interim valuation date was arbitrary and capricious. It also allowed the filing by the plaintiff of a second amended complaint. The court granted the defendants’ motion to dismiss the plaintiff’s complaint regarding the asserted cutback of accrued benefits.
ESOP Case Motions Revolve Primarily Around an Interim Valuation and Consideration of a PPP Loan
In this ESOP-related case, the plaintiff (an ESOP plan beneficiary) raised three complaints, two of which were primarily the result of the performance and use by the ESOP of an interim valuation date for measurement of the value of her shares for her retirement payments made over time. There was also discussion regarding the interim value determined and whether a PPP loan of $1.2 million should have been considered. The defendants moved for dismissal on the first two accounts. The court denied the dismissal of the first complaint in regard to assertions that the use of the interim valuation date was arbitrary and capricious. It also allowed the filing by the plaintiff of a second amended complaint. The court granted the defendants’ motion to dismiss the plaintiff’s complaint regarding the asserted cutback of accrued benefits.
Hot Topics at the 2022 VSCPA Forensic and Valuation Conference
It was back to in-person attendance at the 22nd annual Forensic and Valuation Conference hosted by the Virginia State Society of CPAs. Topics included the income approach, effective recruiting, reasonable compensation, guideline transactions, surviving cross-examination, IRS developments, and a “Hardball With Hitchner” session that covered some front-burner issues.
Two AICPA fair value guides being revised
At last week’s ASA Fair Value Virtual Conference, several sessions focused on some revised versions of guidance from the AICPA.
U.S. Appellate Court Rules Sufficient Evidence to Support Future Damages
In this partnership dispute, the 11th Circuit U.S. Appellate Court affirmed the district court and ruled that trial testimony of witnesses provided specific evidence that an energy utility company needed technicians the partnership provided before the disassociation and was not likely to change in the future. Damages were deemed “reasonably certain.” The defendants’ argument that, without an equitable accounting, the damages were too speculative, was waived because it was first raised post-verdict.
WL All. LLC v. Precision Testing Grp. Inc.
In this partnership dispute, the 11th Circuit U.S. Appellate Court affirmed the district court and ruled that trial testimony of witnesses provided specific evidence that an energy utility company needed technicians the partnership provided before the disassociation and was not likely to change in the future. Damages were deemed “reasonably certain.” The defendants’ argument that, without an equitable accounting, the damages were too speculative, was waived because it was first raised post-verdict.
Blockchain Forensics—Part 1
This presentation is about discovery of cryptocurrency assets in divorce and valuation. This presentation will not cover the origin stories or the inner cryptographic workings of various blockchains and cryptocurrencies. Attendees will learn forensic methods for identifying the existence of cryptocurrency assets, tracing transactions with public sources, and identifying when additional records exist that are accessible by the account holder only.
New Tool in the BV Toolbox—Incorporating Company Specific Risk in Option Pricing Models
The standard practice of accounting for company-specific risk is to leave expected cash flows unchanged and add a CRSP to the discount rate. A preferred methodology would be to adjust expected cash flows for the economic effect of company-specific risk and leave the discount rate unchanged. In this webinar, we will set forth the methodology for adjusting cash flows using a quant-based rather than a judgement-based methodology. We will then calculate call option value via ...
BV News and Trends November 2022
A monthly roundup of key developments of interest to business valuation experts.
New FASB rules on crypto coming in first half of 2023
Under proposed accounting rules, fungible tokens will be measured at fair value as opposed to the cost (less impairment) model.
AICPA session reiterates request for comments on business combinations guide
A session at this week’s AICPA FVS conference discussed the recently released Draft Accounting and Valuation Guide, Business Combinations, which provides guidance and illustrations regarding the accounting and valuation considerations for business combination transactions.
OECD releases final fiscal valuation guidance for crypto-assets
The Organization for Economic Cooperation and Development (OECD) has published the final Crypto-Asset Reporting Framework (CARF), which provides for the automatic exchange of information between countries on crypto-assets.
Look Under the Covers: Finding Assets and Income for a Divorce Valuation
Have you ever wondered how Business Valuation and Forensic analysis intercept? We know that financial data in a company’s books and records may not tell the entire story. But do you know how to analyze it to make your valuation more meaningful? This webinar will give you the steps to begin to unravel and follow the money which could lead to more accurate results.
Leases Pieces—Digesting the New Accounting Standards and Business Valuation Impacts
The mandatory adoption of ASC 842 (Leases) poses several unique challenges for business valuation experts and other financial service providers alike. Listen in as experts from Adamy Valuation and BDO review the new standard, break down its accounting implications and presentation in GAAP financial statements, and identify methods that ensure these changes are properly addressed in a valuation context.
Pinto v. Schinitsky
The Supreme Court of New York denied motions to dismiss assertions of excess compensation, payments to a consultant, and a salary paid to the defendant’s mother. The court also denied a Daubert motion to exclude the plaintiff’s expert on the reasonableness of compensation. The plaintiff’s expert, a CPA, was found to qualify even though reasonable compensation was not his competency for his practice.
New York Court Denies Claims in Three Damages Categories, Denies Daubert Motion to Exclude Experts
The Supreme Court of New York denied motions to dismiss assertions of excess compensation, payments to a consultant, and a salary paid to the defendant’s mother. The court also denied a Daubert motion to exclude the plaintiff’s expert on the reasonableness of compensation. The plaintiff’s expert, a CPA, was found to qualify even though reasonable compensation was not his competency for his practice.
Recap of the ASA New York Fair Value Conference
Important takeaways from the recent conference on these topics: global cost of capital, ASC 718 valuations, ESG impacts on value, discount rate for intangibles, hard-to-value securities, SPAC warrants, and more.
BV News and Trends September 2022
A monthly roundup of key developments of interest to business valuation experts.