Court of Chancery favors unaffected market price over other fair value indicators (Part 1)
In a freshly minted ruling, the Delaware Court of Chancery said the unaffected market price was the most reliable indicator of fair value in a big statutory fair value case.
In re Appraisal of Jarden Corp. (I)
Court finds record shows unaffected market price is best evidence of fair value; court says company expert’s efficient market analysis and event study provide strong support for use of market price; court’s own DCF analysis generates value close to market price, thus corroborating market price.
Court of Chancery Rules Unaffected Market Price Is Best Evidence of Fair Value
Court finds record shows unaffected market price is best evidence of fair value; court says company expert’s efficient market analysis and event study provide strong support for use of market price; court’s own DCF analysis generates value close to market price, thus corroborating market price.
Yukon Court Awards Premium in Fair Value Determination—A Comment on Carlock v. ExxonMobil Canada Holdings ULC
This case should resonate with all valuation experts involved in M&A work. The court labeled the fairness opinion as “inadequate,” emphasizing that the financial advisor was entitled to a “success fee.” The court also pointed to the lack of disclosure of the analysis underlying the advisor’s conclusion.
Coverture Fraction Method Best BV Approach in Face of Lack of Financial Data
In divorce case, appellate court affirms use of coverture fraction method to determine marital value of husband’s firm on the valuation date (1995), where company operated abroad, “normal” financial documents were not available, and interest was sold a decade before the divorce trial.
Kvinta v. Kvinta
In divorce case, appellate court affirms use of coverture fraction method to determine marital value of husband’s firm on the valuation date (1995), where company operated abroad, “normal” financial documents were not available, and interest was sold a decade before the divorce trial.
The Appraisal Foundation seeks ASB and AQB board candidates
If you—or someone you know—has the desire to serve on one of The Appraisal Foundation’s national boards, the organization is currently conducting its annual search for qualified candidates to serve on the Appraisal Standards Board (ASB) and the Appraiser Qualifications Board (AQB).
BVU News and Trends May 2019
A monthly roundup of key developments of interest to business valuation experts.
Global BVU News and Trends May 2019
Business valuation news from a global perspective.
New edition of ASC valuation survey released
Valuation multiples for controlling interests in ambulatory service centers (ASCs) are increasing, according to the “2019 ASC Valuation Survey” from HealthCare Appraisers Inc.
USPAP updates explained in free webinar on May 22
The Appraisal Standards Board of The Appraisal Foundation recently published the Summary of Actions, which is an overview of the 2020-21 edition of the Uniform Standards of Professional Appraisal Practice (USPAP).
How the Healthcare Industry Misuses and Abuses Survey Data
Compensation survey data do not provide a complete and precise depiction of the physician marketplace for any physician deal. The authors debunk the current “survey says” paradigm and provide the foundation for a completely new standard for the fair market value of physician clinical compensation.
BVU News and Trends April 2019
A monthly roundup of key developments of interest to business valuation experts.
Unequivocal ‘no’ to unaffected market price—Delaware Supreme Court strikes down Aruba Networks
In a sharp rebuke, the Delaware Supreme Court recently overturned the Court of Chancery’s confounding decision in the Aruba Networks statutory appraisal case to use the unaffected market price as the sole indicator of fair value.
ASB unanimously adopts 2020-21 USPAP
The Appraisal Standards Board, an independent board of The Appraisal Foundation, adopted unanimously the 2020-21 edition of the Uniform Standards of Professional Appraisal Practice (USPAP).
Exciting times for UK business valuation
Writing for Business Valuation Update, Andrew Strickland (Scrutton Bland Chartered Accountants) notes that new techniques are now ‘sweeping away’ business valuation methodologies that have held sway for decades in the UK.
Verition Partners Master Fund Ltd. v. Aruba Networks, Inc. (Aruba III)
Delaware Supreme Court overturns Court of Chancery’s fair value determination based on unaffected market price and awards petitioners deal price minus synergies as determined by company; trial court’s analysis rested on “inapt” agency-costs theory and raised due process and fairness concerns.
Delaware Supreme Court Reproves Chancery’s Use of Unaffected Market Price in Aruba
Delaware Supreme Court overturns Court of Chancery’s fair value determination based on unaffected market price and awards petitioners deal price minus synergies as determined by company; trial court’s analysis rested on “inapt” agency-costs theory and raised due process and fairness concerns.
ASB to discuss 2020-21 USPAP April 5
On April 5, the Appraisal Standards Board (ASB) will lead a discussion about the fourth exposure draft proposals for the 2020-21 edition of the Uniform Standards of Professional Appraisal Practice (USPAP).
Global BV News: Evolution of legal valuations in Germany
A study from I-ADVISE describes the evolution of valuation practices in Germany related to squeeze-outs, control and profit-and-loss transfer agreements, mergers, and legal changes between 2010 and 2018.
TAF celebrates women in appraisal
For International Women’s Day, The Appraisal Foundation (TAF) celebrated the women who are advancing the appraisal profession by serving the organization in various ways.
Global BV News: Valuations slanted for squeezeouts in Finland
A paper examines the choices of valuation methods and their association with redemption prices in disputes concerning private-company squeezeouts.
Series of articles examines physician practice losses
Regulatory as well as financial concerns are driving the need to address the issue of health systems losing money on acquired physician practices.
Senior healthcare M&A soars
Rising interest rates have not affected the market for seniors housing and care assets and demand remains extremely high across all quality and property types, according to new acquisition data from Irving Levin Associates (Norwalk, Conn.).
Technology impacts valuations of dialysis centers
The latest article in a series that examines the valuation of dialysis centers focuses on the technological environment in which these enterprises operate.