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BV News and Trends July 2021

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

Hitchner reveals tough questions you may get on BV standards

You should be aware of the standards all of the business valuation organizations have issued, not just your own, cautions Jim Hitchner (Financial Valuation Advisors) in the April issue of Hardball With Hitchner.

Sink or Swim: The New World of Virtual Testimony

Most people do not realize how different it is appearing in court through virtual technology compared to being there in person. Fortunately, some attorneys and valuation experts have gone through this experience and they share their advice on how to make the best of it.

Global BVU News and Trends November 2020

Business valuation news from a global perspective.

The Expert Witness Process: Tips for Valuation Practitioners

The author developed and taught the AICPA course in expert witnessing, and he shares his advice for the entire process, from securing the engagement to cross-examination.

From the Bench: 10 Warning Signals of Trouble With a Valuation Expert

It’s always very informative and helpful to listen to judges talk about the valuation cases they hear. At NACVA’s recent Business Valuation and Financial Litigation Super Conference, a panel of judges did just that—and they shared their views of when they detect potential problems with appraisers when they are on the witness stand.

In court, facts are not enough—it’s the nonverbal that counts

If you think that the facts speak for themselves in court, think again, says Deborah Johnson, MC, president of High-Stakes Communication.

Top-notch tips for virtual court appearances

There’s a lot more to making a good appearance in court when you have to testify virtually.

BV experts may not be back in court for contentious valuations—yet

As UK courts begin to open again, the current government rule requires barristers and solicitors under mandatory 14-day isolation (if they’ve travelled to high-risk countries) to turn up to court if they have a hearing.

ASA Houston hosts expert witness workshop and mock trial

ASA Houston hosts the Expert Witness Workshop & Mock Trial on April 16, 2020 in Houston, 8 a.m. to 5:30 p.m.

In ESOP Discovery Dispute, Court Affirms Protection of Expert Drafts Under Rule 26

In ESOP case, court, citing Rule 26 of federal rules of civil procedure, denies defendant trustee’s motion to compel disclosure of information related to DOL expert’s prior work in valuation industry and expert’s other work for DOL on ESOP-related matters.

Acosta v. Wilmington Trust, N.A. (II) (Graphite)

In ESOP case, court, citing Rule 26 of federal rules of civil procedure, denies defendant trustee’s motion to compel disclosure of information related to DOL expert’s prior work in valuation industry and expert’s other work for DOL on ESOP-related matters.

Court Deems Future Lost Profits Formula an Exercise in Speculation

Court rejects lost profits projections based on expert’s unique formula finding calculation was based on “questionable” assumptions; court also finds no “hard” evidence that damage from defendant’s conduct had long-term effect on plaintiff’s customers.

Court Deems Future Lost Profits Formula an Exercise in Speculation

Court rejects lost profits projections based on expert’s unique formula finding calculation was based on “questionable” assumptions; court also finds no “hard” evidence that damage from defendant’s conduct had long-term effect on plaintiff’s customers.

Mattress Closeout Ctr. IV, LLC v. Panera, LLC

Court rejects lost profits projections based on expert’s unique formula finding calculation was based on “questionable” assumptions; court also finds no “hard” evidence that damage from defendant’s conduct had long-term effect on plaintiff’s customers.

Landscaping Business Valued Using Owner’s Testimony

The issue in this case was whether the trial court erred in valuing a landscape business, X-Mark 1 Landscaping Inc.

Lerchbacher v. Lerchbacher

The issue in this case was whether the trial court erred in valuing a landscape business, X-Mark 1 Landscaping, Inc.

Expert testimony at its best: how to excel during depositions, cross-examination, and as a forensic practitioner!

How To Excel During Depositions: Techniques for Experts That Work , Steven Babitsky and James J. Mangraviti, Jr. , Seak, Inc., 2001. $59.95, 284 pp., 6" by 9", hardcover. Because so much of expert ...

From experts in valuation in each of nine industry groups to a takeoff on Survivor, AICPA BV Conference offers variety

The 2001 AICPA Business Valuation Conference held at the Venetian in Las Vegas December 2-4 was attended by 840 people (by the way, the Venetian served the best conference food that I've ever experienced).

Checklists useful tools for lawyers to review reports

Every lawyer dealing with business valuations should have at least one checklist available at his or her fingertips in order to assess the adequacy of a business valuation report. This is true for eva ...

A guide to better business appraisal expert testimony

This is a book that all business appraisers planning to expand their litigation support services should have in their library. The book presents tools and techniques that help business appraisers become better expert witnesses and better understand the legal process and their appropriate role. Every chapter begins with a paragraph explaining its purpose and its relevance to appraiser's work and contains examples illustrating the concepts.

Seven "knockout punch" questions for cross examining appraisal experts

Cross-examination of an expert is all out war, when, if done right, the lawyer becomes the star and the expert a facilitator. Just because this battle takes place in an office or courtroom where loud ...

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 ...

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