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Questions a Trier of Fact Will Ask About Your Valuation

The fear of every valuation analyst is to be unprepared to answer a question in a deposition or on the witness stand. Here are some questions a judge or attorney will likely ask, either directed to themselves when reviewing your report or directly to you.

BVLaw Review: The Top Valuation Cases of 2021

Here is our pick for the state and federal court decisions that enhanced our understanding of valuation issues as they arose in a litigation setting during 2021.

Poll: Some BVers say ‘no way’ to testifying in court

About one in five (18%) of business valuation experts who do divorce cases have no interest in testifying in court, according to a recent poll.

Incompetent valuation KOs jury verdict

The jury’s verdict in an eminent domain trial could not stand because the jury relied solely on the valuation the expert for the Pennsylvania Department of Transportation (PennDOT) did, “which was incompetent.”

Mock trial event this Friday, November 5

At the ASA International Conference in Las Vegas, BVWire chatted with the folks from the Houston ASA Chapter, who are having a full-day mock trail event this Friday, November 5.

State Route 00700, Section 21H v. Bentleyville Garden Inn, Inc. (In re Condemnation by DOT)

The jury verdict was set aside in this Pennsylvania condemnation case for reliance on an incompetent report by the expert witness for the Pennsylvania Department of Transportation. The report did not account for the damages the hotel incurred on the unclaimed property for loss of business due to the condemned property. Additionally, the court decided that a new trial, which the trial court did not allow, should be allowed and remanded for a new trial.

Verdict Based on an Expert’s Incompetent Report Cannot Stand, New Trial Ordered

The jury verdict was set aside in this Pennsylvania condemnation case for reliance on an incompetent report by the expert witness for the Pennsylvania Department of Transportation. The report did not account for the damages the hotel incurred on the unclaimed property for loss of business due to the condemned property. Additionally, the court decided that a new trial, which the trial court did not allow, should be allowed and remanded for a new trial.

Jim Alerding joins BVR as legal editor

BVR is extremely pleased to announce that veteran valuation expert Jim Alerding, CPA/ABV (Alerding Consulting LLC), has joined us as legal editor.

BV News and Trends July 2021

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

Valuers and Attorneys Advise How to Stay Out of Daubert Trouble

Several sessions at the inaugural BVR National Economic Damages Virtual Conference discussed how valuation experts can avoid the nightmare of having their testimony excluded in court. Of course, much of that applies to any type of case, not just damages.

Federal Tax Litigation, Expert Witnesses, and the IRS

Michael Gregory will address key rules for federal expert witnesses, valuation issues with the IRS, identify key recent BV federal cases, and introduce you to what to expect in 2022. This session will also share information you need from a business valuer that mediates, negotiates, and facilitates alternative dispute resolution to give clients timely closure with significant savings with the IRS and others. After this session you will be able to: reference key federal statutes ...

Recent Developments in Delaware Valuation Cases

This article discusses current developments in Delaware case law as they relate to valuation. It reviews all relevant Delaware Supreme Court decisions since 2017 and all relevant Court of Chancery decisions since 2019. We discuss the emphasis being placed by the Delaware courts on using discounted cash flow for valuations in related party transactions, as well as the substantial reliance on transaction price as the valuation measure in arm's-length transactions that have a satisfactory negotiation ...

Zoom nightmare: trial verdict overturned

Wandering pets, faux backgrounds, technical glitches, and the like are common during Zoom calls, but it’s a serious matter when it comes to remote testimony in court.

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.

BVU News and Trends March 2021

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

The Top Valuation and Damages Cases of 2020

Our pick of valuation-related court cases includes state and federal court decisions covering many areas of law that dealt with novel issues of law or, in some way, enhanced our understanding of valuation and damages issues as they arose in a litigation setting.

Two new resources recap the year 2020 in BV

A lot happened in 2020 in the business valuation profession other than COVID-19, and you can get caught up on the impacts of the pandemic—and everything else—with two new guides from BVR.

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.

Recap of the VSCPA Business Valuation, Fraud, and Litigation Services Conference

Timely topics include how BVFLS experts are accounting for the impact of COVID-19, reviewing a valuation report, an estate/trust update, and a new idea to boost your practice. This two-day event was sponsored by the Virginia Society of CPAs (VSCPA).

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.

Key insights from the VSCPA BVFLS conference

BVWire attended this year’s two-day Business Valuation, Fraud & Litigation Services (BVFLS) Virtual Conference sponsored by the Virginia Society of CPAs (VSCPA), now in its 21st year.

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.

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