Children's Broadcasting Corporation v. The Walt Disney Company, et al. (III)
The U.S. Court of Appeals for the Eighth Circuit determined that a jury correctly determined the amount of Children’s Broadcasting’s damages in this breach of contract/misappropriation of a trade secret case.
Damages for Misappropriation of a Trade Secret Calculated Using the Discounted Cash Flow Method
The U.S. Court of Appeals for the Eighth Circuit determined that a jury correctly determined the amount of Children’s Broadcasting’s damages in this breach of contract/misappropriation of a trade secret case.
Reading Radio, Inc. v. Fink
Issues were whether the trial court erred in accepting a broker of media properties as an expert qualified to testify as an appraiser and denying motion in limine to exclude report and testi ...
Valuation 'Experts' Excluded as Unreliable Based on Numerous Errors in Methodology and Inability to Explain Conclusions
In this bankruptcy adversary proceeding, the trustees as plaintiffs sought to prove that the defendants—Bairnco Corp., Keene Corp., and the individual managers of the companies—had engaged in a series of fraudulent conveyances among subsidiaries to protect assets from the reach of asbestos claimants.
Lippe v. Bairnco Corp. (I)
In this bankruptcy adversary proceeding, the trustees as plaintiffs sought to prove that the defendants—Bairnco Corp., Keene Corp., and the individual managers of the companies—had engaged in a series of fraudulent conveyances among subsidiaries to protect assets from the reach of asbestos claimants.
Gary Lee Eckelkamp, et al. v. Dennis J. Beste, et al.
The U.S. Court of Appeals for the Eighth Circuit determined that an expert report indicating a greater valuation for ESOP purposes and showing that the directors of the ESOP were overcompensated in and of itself does not create a genuine issue of material ...
Court Judges Assessment of Risk Factors, Marketability Discount Evidence
The issue in this consolidated case was the fair market value of two minority nonvoting stock interests in Schwan's Sales Enterprises Inc. (SSE), one as of Dec. 31, 1992 (date of gift) and the other as of Dec. 31, 1994 (date of charitable contribution).
Okerlund v. United States (I)
The issue in this consolidated case was the fair market value of two minority nonvoting stock interests in Schwan's Sales Enterprises, Inc.
How should appraisers consider the law?
The following is a chapter excerpted from Michele Miles' book, The Business Appraiser and Litigation Support.** In this chapter she discusses how business appraisers can avoid running afoul of be ...
A Gross Result in the Gross Case Calls Into Question Circumstances in Which Tax Affecting Is Valid
Appraisers may soon have to defend their tax affecting in prior S corporation valuations as a result of Gross.
Daubert Issue Rears Its Ugly Head in Gross Case
George Hawkins wrote a guest abstract of this case in the January 2002 issue of Shannon Pratt's Business Valuation Update focusing on the tax affecting issues in the case.
Valuation Basics and Beyond: Tackling Areas of Controversy
Patrice Leigh Ferguson and John E. Camp. Family Law Quarterly , Vol. 35, No. 2, Summer 2001. This article, which is part of a family law symposium on valuation issues, is divided into several ...
Gross v. Commissioner (II)
Issues involved tax affecting of the discounted cash flows of the company and the size of the marketability discount.
0% Reduction for Tax Affecting Affirmed
The 6th Circuit affirmed the Tax Court’s valuation of gifted minority interests in a closely held S corporation.
Daubert - The Evolution of a Profession
Mark Shirley CPA, CVA, CFFA . The Valuation Examiner , May/June 2001 This article discusses the impact of Daubert v. Merrell Dow Pharmaceuticals , Kumho Tire v. Carmichael , and FRE 7 ...
Identifying and Excluding Faulty Valuation Report Content and Testimony
George B. Hawkins Fair Value , Summer 2001, Volume X, Number 2 This article discusses challenging the admissibility of valuation expert reports and testimonies. The author lays the groundwo ...
BV online library a valuable resource
A resource that is often overlooked by lawyers in their research and preparation of a case is the BV online library, accessible at BVLibrary.com . The staff at Business Valuation Resources has spent considerable time in recent months expanding the content and improving the look and functionality of BVLibrary.com.
IBA 2001 Conference Members share their wealth of knowledge
The Institute of Business Appraisers held its annual conference in Orlando, Florida May 8-11. The theme of the conference was "Share the Wealth," referring to the more seasoned business appraisal memb ...
BVU legal and court case editor presents update
The Institute of Business Appraisers has invited our own legal and court case editor, Linda L. Kruschke, to present the Court Case Update segment at its National Conference in Orlando in early May. I ...
Two Appraisal Experts, Two Very Different Values
TWO APPRAISAL EXPERTS, TWO VERY DIFFERENT VALUES , Minsker, Martin D. The National Law Journal , Sept. 11, 2000, B12-17. This article examines the court's ability to perform its evidentiary ga ...
Rule 702, Daubert, Kumho Tire Co., and the Development of Marketability Discounts
RULE 702, DAUBERT, KUMHO TIRE CO. AND THE DEVELOPMENT OF MARKETABILITY DISCOUNTS , Mercer, Z. Christopher E-Law Business Valuation Perspective 00-10, Oct. 23, 2000. This article looks a ...
Daubert -- a Judge's View
n DAUBERT – A JUDGE'S VIEW, Hon. Real, Manuel L. The Practical Litigator , May 2000, Volume 11, Number 3 In this article, the author discusses the Daubert case and the ramification ...
Courts have great discretion in timing of Daubert determinations
At the American Bar Association Annual Meeting in New York, N.Y., from July 6-12, 2000, the Section of Litigation sponsored a seminar on business damages after Kumho Tire. This article is an excerpt from the written materials presented for that seminar.
KUMHO TIRE CO. v. CARMICHAEL: BLOWOUT FROM THE OVERINFLATION OF DAUBERT v. MERRELL DOW PHARMACEUTICALS
n KUMHO TIRE CO. v. CARMICHAEL : BLOWOUT FROM THE OVERINFLATION OF DAUBERT v. MERRELL DOW PHARMACEUTICALS, Lewis, Mark and Mark Kitrick. The University of Toledo Law Review , Fall 1999, V ...
Expert opinion testimony in state courts
In the April and May issues, we ran a 2-part Special Report on the application of the Daubert and Kumho cases to the admissibility of expert business appraisers and other financial expert witn ...