Top Expert Answers for Today’s Tough BV Questions
In BVR’s recent webinar, Power Panel: Live Expert Answers for Today’s Tough BV Questions, experts Jay E. Fishman, Michelle Gallagher, Ken Pia, and Jeffrey Tarbell covered various hot topics that affect the business valuation profession. These questions ranged from the basics, such as “What will 2021 look like?” to “What are your thoughts on the current state of the ESOP litigation environment particularly with the new administration coming in?” Here, we summarize five of the questions and answers. For more information, be sure to check out the complete recording and transcript of the session.
Assume every valuation will be challenged
“As appraisers, our reputation is our single most valuable asset ...
Company or Damage Valuation in a Mediation Context
The number of online mediations has soared due to the pandemic. This article outlines the standard phases of a valuator-assisted mediation and the concept of the best alternative to a negotiated agreement (BATNA) and includes some real-world case studies.
BVU News and Trends November 2020
A monthly roundup of key developments of interest to business valuation experts.
Updated Finance and Accounting for Lawyers now available
An introductory text for attorneys working with accounting and the business valuation world has been revised.
Excelling in Litigation and Dispute-Related Valuations: How to Not Get Caught Bringing a Knife to a Gunfight
Preparing a valuation analysis can be difficult enough, let alone defending it against an opposing party questioning your every move. It is important for valuation experts to know how their valuations may be challenged by other experts and work to effectively address these issues pre-emptively. Presenters Sean Saari and Bob Ranallo discuss how to prepare yourself, and your valuation report, when you know your work will be subject to review and critique in a litigation ...
Class-Action Litigation Involving ERISA/ESOP Valuation Issues
Join James F. Joyner and attorney Richard Pearl for unique insight into ESOPs and valuation principles. The general trend in ESOP transactions and valuation has been to acquiesce to fundamental changes because of the threat of litigation, even though ERISA or valuation principles do not require changes. Many defendants have been unable to adequately educate courts on some key issues. Get both the valuation and attorney perspective on how to address these issues.
BVU News and Trends April 2020
A monthly roundup of key developments of interest to business valuation experts.
Facing a roadblock to your site visit?
During a recent BVR webinar, Karolina Calhoun (Mercer Capital) discussed valuation adjustments and potential forensic implications in litigation.
Valuation Adjustments & Potential Forensic Implications in Litigation
In a contentious divorce, shareholder dispute, damages matter, or other litigated corporate matter involving the valuation of a closely held business, the issues can be multifaceted and may require additional forensic investigative scrutiny. As such, it is important to consider the potential forensic implications of valuation adjustments as they may lead to other analyses. Join Karolina Calhoun for an examination of what adjustments you may need to consider and what to watch for in different ...
The Secrets to Expert Testimony That Engages and Persuades a Court
Some techniques to help prevent experts from imploding during fierce cross-examination.
Lost profits case awaiting Supreme Court decision
The United States Supreme Court has agreed to review a patent infringement case on the scope of damages. The issue is whether a patent holder may obtain lost profits for actions that occurred outside the United States, where the patentee has proven a domestic act of infringement.
Lawyers Provide Pointers to Testifying Experts
Coverage of the AICPA FVS conference in Las Vegas ...
Federal Circuit drills down into Panduit, apportionment, and lost profits
The Federal Circuit recently examined a paramount damages issue that comes up in patent cases: whether, in terms of calculating lost profits, the patent holder’s ability to meet the Panduit factors makes a separate apportionment analysis unnecessary.
Questions a judge will ask of a valuation expert witness
A new book not only gives judges and attorneys a reference guide of fundamental business valuation concepts, but it's also a refresher course for valuation experts, and it will help them prepare for court.
Missouri says yes to Daubert
Missouri's governor recently signed into law a bill in favor of adopting the Daubert standard applicable to the admissibility of expert testimony. The move by the governor apparently is the first in several major tort reform measures he hopes to accomplish during his term.
Federal Circuit reacts coolly to ‘pseudo’ lost profits argument; royalty analysis may consider profits
The Federal Circuit recently found a reasonable royalty calculation that took into account the plaintiff’s profit margin was not a lost profits analysis in disguise. The plaintiff’s expert did not try to circumvent the “but for” causation requirement that applied to a lost profits claim.
How to value a small piece of a famous rock song
If the jury had sided with the plaintiff in the Led Zeppelin "Stairway to Heaven" case, it would have had to carve out the value of the riff that only forms part of the song. BVWire asked Michael Pellegrino (Pellegrino & Associates), a valuation expert (and musician) who specializes in intellectual property, for some insights into some of the thoughts behind how this would have been determined
