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BV News and Trends July 2024

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

A Method for Forecasting Property Impairment Resulting From Climate Change

This article adds to the discussion of the impact of environmental, social, and governance (ESG) impacts on the valuation of businesses with real estate as an integral part of their operations.

ECB USA, Inc. v. Savencia, S.A.

This case was an example of the application of Rule 702 as to witness acceptance or exclusion. In this case, the same witness was allowed to testify in part and excluded in part.

U.S. District Court Allows Testimony in Part of Expert Witness on Certain Damages

This case was an example of the application of Rule 702 as to witness acceptance or exclusion. In this case, the same witness was allowed to testify in part and was excluded in part.

Lingering high interest rates may trigger more goodwill impairments

Faced with elevated interest rates that show no signs of dropping, more companies will be forced to recognize goodwill impairments, according to a recent Wall Street Journal article.

New case spotlights the work product doctrine

The work product doctrine, which is incorporated into federal discovery Rule 26(b)(3)(A), protects an attorney’s notes, memos, and any writing prepared “in anticipation of litigation” from discovery by the opposing party.

Boston Ret. Sys. v. Uber Techs., Inc.

The plaintiffs filed a motion to compel production of 28 unredacted documents PricewaterhouseCoopers produced. The defendant, Uber Technologies Inc., asserted that the work product doctrine shielded the redacted portions of the documents from discovery. The court agreed and denied the plaintiffs’ motion to compel.

U.S. District Court (California) Denies Plaintiffs’ Motion to Compel Documents in a Case Involving Uber

The plaintiffs filed a motion to compel production of 28 unredacted documents PricewaterhouseCoopers produced. The defendant, Uber Technologies Inc., asserted that the work product doctrine shielded the redacted portions of the documents from discovery. The court agreed and denied the plaintiffs’ motion to compel.

BV News and Trends December 2022

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

BV News and Trends October 2022

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

Goodwill impairments YTD 2022 are up, per Kroll analysis

Risky financial markets and an uncertain economic environment add up to increased goodwill impairments.

Recap of the ASA New York Fair Value Conference

Important takeaways from the recent conference on these topics: global cost of capital, ASC 718 valuations, ESG impacts on value, discount rate for intangibles, hard-to-value securities, SPAC warrants, and more.

BV News and Trends September 2022

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

BV News and Trends August 2022

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

Do fair value audit woes impact M&A?

A new study suggests that firms avoid obtaining intangibles via acquisition because they don’t want to face scrutiny from the PCAOB over impairment matters.

Secret witnesses may appear in overvaluation case

In a New Jersey class action, plaintiff shareholders of publicly held Ascena Retail Group alleged that the company misrepresented the value of its goodwill and trade names to inflate the stock price artificially.

BV News and Trends June 2022

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

Takeaways from the ASA Fair Value Conference

The 2022 ASA NY Fair Value Conference was held in hybrid form (online and in-person from Hoboken, N.J.) on June 16.

In re Ascena Retail Grp., Inc. Sec. Litig.

In this securities putative class action litigation, plaintiff shareholders alleged that the defendants (Ascena) misrepresented the value of Ascena’s goodwill and trade names in order to inflate Ascena’s stock price artificially. In June 2017, Ascena announced an impairment charge to those assets of $1.3 billion “causing Ascena's already-declining share price to fall precipitously. Ascena ultimately declared Chapter 11 bankruptcy in July 2020.” The defendants moved to dismiss for failure to plead material misrepresentation or scienter or both. The court granted the motion to dismiss but allowed the plaintiffs to amend their complaint.

New Jersey U.S. District Court Dismisses Plaintiffs’ Complaint That Public Company Defendant Overvalued Its Goodwill

In this securities putative class action litigation, plaintiff shareholders alleged that the defendants (Ascena) misrepresented the value of Ascena’s goodwill and trade names in order to inflate Ascena’s stock price artificially. In June 2017, Ascena announced an impairment charge to those assets of $1.3 billion “causing Ascena's already-declining share price to fall precipitously. Ascena ultimately declared Chapter 11 bankruptcy in July 2020.” The defendants moved to dismiss for failure to plead material misrepresentation or scienter or both. The court granted the motion to dismiss but allowed the plaintiffs to amend their complaint.

FASB hits ‘pause’ on goodwill project

The big news at the 2022 ASA NY Fair Value Conference last week was that the FASB has dropped its project on goodwill, but it could be revisited in the future.

BV News and Trends May 2022

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

Global BV News and Trends May 2022

Business valuation news from a global perspective.

Global BV News and Trends April 2022

Business valuation news from a global perspective.

Goodwill impairments in U.S. doubled in 2020: Kroll study

Total goodwill impairment in U.S. public companies was $142.5 billion in 2020, more than double the $71 billion recorded in 2019, according to the “2021 U.S. Goodwill Impairment Study” by Kroll.

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