2020 Top Business Valuation and Damages Cases
Complicated as the year 2020 was, it was not boring. The past year offered a wealth of lawsuits dealing with business valuation and economic damages issues. The list below shows our Top 10.
BVU News and Trends December 2020
A monthly roundup of key developments of interest to business valuation experts.
New CMS rules impact healthcare valuations
The Centers for Medicare & Medicaid Services (CMS) has released a final rule that modernizes and clarifies the regulations that implemented the Medicare physician self-referral statute (the Stark Law).
BVU News and Trends November 2020
A monthly roundup of key developments of interest to business valuation experts.
Home health and hospice sector bouncing back, per Levin study
Deal volume in the home health and hospice sector accelerated in the third quarter of 2020, up 120%, with 22 publicly announced transactions, compared with 10 acquisitions in the second quarter of 2020, according to data from HealthCareMandA.com and Deal Search Online.
Senior healthcare M&A hits new low in 3Q20, per Levin
The number of publicly announced seniors housing and care acquisitions in the third quarter of 2020 fell to a new recent low, with 58 deals announced, based on new acquisition data from Irving Levin Associates.
Ups and downs in healthcare M&A, per Levin data
Different sectors in healthcare experienced different levels of mergers and acquisitions activity in the third quarter of 2020, according to new acquisition data from Irving Levin Associates.
BVU News and Trends October 2020
A monthly roundup of key developments of interest to business valuation experts.
Global BVU News and Trends October 2020
Business valuation news from a global perspective.
Court of Chancery sanctions use of asset approach in complex appraisal case
A low-profile appraisal case in front of the Delaware Court of Chancery raised important valuation questions, including how the court should determine the fair value of a nonoperating entity and how it should deal with the value of claims both parties brought on behalf of the company prior to the contested merger.
Key Tennessee appeals court ruling finds tax affecting ‘relevant’ to fair value buyout
In a Tennessee buyout dispute involving a limited liability corporation organized as an S corporation, the parties disagreed over whether it was appropriate to tax affect in calculating the fair value of the terminated member’s interest.
Comments wanted on third draft of 2022-23 USPAP
The third exposure draft of proposed changes to the 2022-23 edition of USPAP is available for review if you click here.
How to value a business and settle a divorce during COVID-19; divorce professionals share tips
How do you resolve a divorce case during COVID-19, when many businesses in all kinds of industries are coping with significant losses and continuing uncertainty over future performance? This was the topic of an excellent panel discussion that was part of the recent virtual AAML/BVR divorce conference.
BVU News and Trends September 2020
A monthly roundup of key developments of interest to business valuation experts.
New edition released of the BV in Divorce Compendium
The most current summary and analysis of U.S. legal decisions involving business valuation and divorce is in the just-released fifth edition of BVR’s Business Valuation in Divorce Case Law Compendium.
Tips on how to help settle a divorce during COVID-19
How do you resolve a divorce case during COVID-19, when many businesses in all kinds of industries are coping with significant losses and continuing uncertainty over future performance?
In re Happy Child World, Inc.
In an entire-fairness-cum-statutory-appraisal case involving nonoperating day care center whose facility was leased on merger date, court approves use of capitalization of earnings and NAV models and averaging results to determine fair value; business model was uncertain on merger date, court notes.
Uncertain Business Model on Merger Date Justifies Use of Income and NAV Models, Court Says
In an entire-fairness-cum-statutory-appraisal case involving nonoperating day care center whose facility was leased on merger date, court approves use of capitalization of earnings and NAV models and averaging results to determine fair value; business model was uncertain on merger date, court notes.
Dietrich updates his landmark briefing on COVID-19
An important part of understanding the impact of COVID-19 on business value is understanding the virus itself.
Case Studies in Contingent Consideration
A significant component of the transaction price in an M&A or buyout transaction often consists of proceeds that are “contingent” upon the target company’s achievement of certain performance targets after the closing has taken place. From the perspective of the seller, “contingent consideration” represents the right to receive additional assets or equity interests from the buyer (earnout), or the obligation to return part of the proceeds from the transactions (clawback) if specified future events occur ...
New guide to pathology compensation arrangements
HealthCare Appraisers has released its Comprehensive Guide to Pathology Arrangements, which provides an overview of key concepts and terminology used in pathology as well as a more in-depth description of the most common pathology service arrangements.
Deadline looms for applications for TAF BV panel
Completed applications are due by September 11 from volunteers to serve on the Business Valuation Resource Panel (BVRP) of The Appraisal Foundation (TAF).
Understanding the Science of COVID-19 Is Key to Assessing Valuation Impacts
For the economy to recover, the origin, transmission, and “hot spots” related to the coronavirus have to be understood. Much of the economy is highly localized, so the nightmare of the spreading virus will impact future cash flow of the smaller businesses most valuation experts work with. This is an excerpt from the new “BVR Briefing: The Real Story of COVID-19 for Valuation and Litigation Experts.”
BVU News and Trends August 2020
A monthly roundup of key developments of interest to business valuation experts.
Flaws in North Carolina Court’s Appraisal of Reynolds American
The wrong valuation date, a faulty reliance on other cases and the disregard of projections highlight the court’s opinion in a shareholder dissent case involving two tobacco giants.