Considerations When Adding Litigation Services to a Valuation Practice
The 2022 AAML/BVR National Divorce Conference sparked some advice for moving your practice into litigation support services for marital dissolution or any other matters that are headed to court.
BVLaw Case Update
Join Jim Alerding and Jim Ewart, veteran valuators, and Drew Soshnick, family law attorney and experienced valuation expert, for a discussion of some of the most consequential recent valuation and financial litigation decisions. The three experts will present and discuss this selection of state and federal cases. The analysis of these cases, which the experts handpicked for their importance, will provide insight into current issues in the business valuation arena and discussion of not only ...
Appraisers Continue to Be Excluded Most Under Daubert, Per PwC Study
Under Daubert, appraisers were excluded more often in 2021 than any other type of financial expert witness, according to the latest edition of an annual PwC survey. Of the three most common financial experts (economists, accountants, and appraisers), appraisers had a 38% exclusion rate in 2021, followed by accountants (32%) and economists (27%). The article gives more insights into the survey and some ways to avoid a Daubert challenge.
Recap of the New Jersey CPA Society FVS Conference
Some excellent speakers covered litigation tips, malpractice, estate tax audits, statistics for lost profits, cryptocurrency, and divorce matters at the Forensic and Valuation Services Conference hosted by the New Jersey Society of Certified Public Accountants (NJCPA ...
Commercial Success in Patent Litigation
To obtain a United States patent, the claimed invention may not be obvious in view of prior art. Whether a claimed invention is obvious often arises during the examination of a patent application by the United States Patent & Trademark Office. After a patent issues, obviousness may again arise as a defense to infringement by an accused infringer in litigation or as a basis for invalidity by a petitioner in post-grant proceedings, such as Inter-Partes ...
Appraisers have highest exclusion rate under Daubert, per PwC study
Under Daubert, appraisers were excluded more often in 2021 than any other type of financial expert witness, according to the PwC survey, “Daubert Challenges to Financial Experts (2000-2021).”
Six things to know from the NJCPA BV conference
While we enjoy attending the major valuation conferences, we also look forward to attending local state CPA society conferences that focus on valuation.
Probing Questions Valuers Will Face About Their Guideline Transaction Analysis
Here are the questions a trier of fact (or other reviewer) will ask the analyst about his or her guideline transactions method. Includes a worksheet judges use to compare the work of two opposing experts.
How Judges Compare Competing DCF Analyses
Two valuation experts are far apart in their opinion of value using the income approach. What does the judge focus on when comparing the two analyses?
Appraisers Have the Highest Exclusion Rate Under Daubert, Per PwC Study
A look at the latest study from PwC that analyzes challenges to financial expert witnesses (appraisers, accountants, economists, and others) under the Daubert standards from 2000 to 2020. Also, some classic advice on how to survive a Daubert challenge.
BVLaw Case Update
Join Jim Alerding and Jim Ewart, veteran valuators, and Drew Soshnick, family law attorney and experienced valuation expert, for a discussion of some of the most consequential recent valuation and financial litigation decisions. The three experts will present and discuss this selection of six to eight state and federal cases. The analysis of these cases, handpicked by the experts for their importance, will provide insight into current issues in the business valuation arena and discussion ...
Appeals court affirms modified liquidation value in shareholder dispute
In a Michigan shareholder deadlock case, a special master recommended that a sale of shares from one shareholder to the other would yield more value than if the company were dissolved.
Michigan Appeals Court Affirms Modified-Liquidation Value in a Shareholder Deadlock Litigation
In this shareholder deadlock litigation, the appellate court affirmed the decision of the trial court that the solution to the deadlock was to order a buyout of the plaintiffs’ stock by the defendants as opposed to a dissolution of the company. The appellate court also affirmed the use of a modified-liquidation value as providing a value that maximized the value to the individual shareholders.
Pitsch v Pitsch Holding Co.
In this shareholder deadlock litigation, the appellate court affirmed the decision of the trial court that the solution to the deadlock was to order a buyout of the plaintiffs’ stock by the defendants as opposed to a dissolution of the company. The appellate court also affirmed the use of a modified-liquidation value as providing a value that maximized the value to the individual shareholders.
Proposed Rule 702 Change Targets Unqualified Experts
Too many experts who are not qualified are being allowed to testify in court, and this has triggered proposed changes to strengthen Rule 702, which is the federal rule of evidence regarding testifying experts.
So You Want to Testify as a Financial Expert Witness? Testimony Tips, Traps and Video Demonstrations From the Trenches
Learn how to testify in bench and jury trials and depositions from a seasoned forensic CPA who has testified in the trenches for 27 years. See video clips from an actual testimony by Robert Vance and from popular TV shows and movies (which are mostly very humorous) to learn how to answer questions and keep your cool. Receive tips on how to construct your litigation-oriented curriculum vitae and engagement letter. Get prepared for subpoenas, Daubert ...
Veteran Valuers Warn of This Fallout From COVID-19
Being cooped up because of the pandemic has created a potential problem, say experienced valuers, if appraisers continue to do management interviews and company tours virtually instead of in person.
BV News and Trends March 2022
A monthly roundup of key developments of interest to business valuation experts.
Global BV News and Trends March 2022
Business valuation news from a global perspective.
Proposed rule change cracks down on testifying experts
Too many experts who are not qualified are being allowed to testify in court, and this has triggered proposed changes to strengthen Rule 702, which is the federal rule of evidence regarding testifying experts.
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 Case Update
Join Jim Alerding and Jim Ewart, veteran valuators, and Drew Soshnick, family law attorney and experienced valuation expert, for a discussion of some of the most consequential recent valuation and financial litigation decisions. The three experts will present and discuss this selection of state and federal cases. The analysis of these cases, which the experts handpicked for their importance, will provide insight into current issues in the business valuation arena and discussion of not only ...
BV News and Trends January 2021
A monthly roundup of key developments of interest to business valuation experts.
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.
Global BV News: CBV Institute releases its 2021 journal
The Chartered Business Valuators Institute (CBV Institute), Canada’s valuation professional organization (VPO) and standard-setter, puts out an excellent journal each year, and the 2021 edition is now available.