BV News and Trends April 2024
A monthly roundup of key developments of interest to business valuation experts.
Appraisal Review: Common Areas of Critique and Risk in Litigation
In this presentation, we will address subjective valuation inputs and assumptions that require analyst discretion. Traditionally, these are the most contested inputs in litigation. Therefore, a strong understanding of the rationale behind these inputs is critical for successful analysis. Our presentation will include but is not limited to, a discussion of the following: (1) common areas of critique in the context of appraisal review; (2) examples of such subjective inputs and common rebuttal responses; and ...
BVR Power Panel offers insights into recent issues
BVR has an ongoing webinar series of Power Panels, consisting of veteran practitioners and thought leaders covering recent trends and issues.
Business as usual (so far) under tougher Rule 702
The first reported appellate decision to cite the new Rule 702 changes has appeared, but there’s no sea change to report.
Working Effectively With Attorneys (How to Be a Better Expert)
You’ve honed your valuation skills through education, training, and experience and have been educating clients about what their businesses have been worth for years. Now litigation counsel is asking you to educate judges and juries about the economics of a complex commercial dispute. The best way to be an effective expert, in addition to having those well-honed skills, is to gain an understanding of both the litigation forum and the general needs of counsel. This ...
Business Valuation Firm Benchmarking Guide: 2023 Edition
November 2023 PDF, Softcover (103 pages)
Business Valuation Resources, LLC
Storytelling for the Expert Witness (A BVR Workshop)
In this webinar, forensic expert Michael Kaplan and jury trial consultant and communications specialist Jesse Wilson introduce you to the powerful storytelling skills that will transform technically accurate, matter-of-fact testimony into a compelling and persuasive story.
10 Short Takes From NACVA’s July Super Conference
There were top speakers, interesting sessions, and a good turnout (about 200) for the three-day NACVA Business Valuation & Financial Litigation Super Conference in person in Snowbird, Utah (and also online). Here are a few quick takeaways from some of the sessions we attended.
New Rule 702 crackdown already impacting expert witnesses
Although they don’t officially go into effect until December 1, expert witnesses are already feeling the effects of the changes designed to strengthen Rule 702, which is the federal rule of evidence regarding testifying experts.
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 July 2023
A monthly roundup of key developments of interest to business valuation experts.
Patent Infringement Damages: Lost Profits and Royalties
If a patent owner can prove another company or party has made, used or sold a product covered by a patent without its permission, the patent owner is entitled, under 35 U.S.C. Section 284, to receive “damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.” This program focuses ...
Financial expert guide added to BVResearch Pro
The Financial Expert Guide for Family Law Judges and Attorneys, National Edition, is now on your digital bookshelf if you are a subscriber to the BVResearch Pro platform.
Ethical Issues in Business Valuation
Do you know what ethics issues might arise when complying with business valuation and forensic standards? Do you know what all of the business valuation and forensic standards are? Do you know what ethics standards apply to each of those standards? Recently, a number of ethics questions have arisen relating to the application of business valuation and forensic standards. Many relate to conflicts of interest and independence issues. In this webinar, we will cover the ...
NFT Valuation: What You Need To Know
In 2021, nonfungible token (NFT) prices drastically increased and then dropped substantially just over year later. These digital assets can be difficult to grasp, but they now play a role in personal investment portfolios and on company balance sheets. As a result, valuations of digital assets will be needed for issues such as divorce litigation, estate valuations, bankruptcy litigation, fair value measurements, and more. This presentation will demystify these investments and teach attendees how the ...
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.