DOL Processing Agreement Contains Stringent Rules on Controlling Interest Transactions, Indemnification
Under new processing agreement between DOL and specific ESOP trustee, trustee is bound by strict rules on how to handle controlling-interest acquisitions and indemnification issues; trustee must ensure ESOP plan acquires a series of specified rights before approving payment of a control premium.
Scalia v. Farmers National Bank of Danville & Weddle Bros. Const. Co.
Under new processing agreement between DOL and specific ESOP trustee, trustee is bound by strict rules on how to handle controlling-interest acquisitions and indemnification issues; trustee must ensure ESOP plan acquires a series of specified rights before approving payment of a control premium.
Untested beta calculation KOs expert’s credibility and fair value conclusion
In a statutory appraisal case with several twists, the Delaware Court of Chancery recently agreed with the parties’ experts that a discounted cash flow analysis was the only way to determine fair value while rejecting, unequivocally, the company expert’s novel approach to calculating beta.
Brush up on your Excel skills for BV
There is a live online valuation class coming up that includes a good dose of Excel training for valuers of all skill levels.
Global BV News: OIV Journal tackles 10 big BV issues
An interesting roundtable discussion on the 10 big issues in business valuation appears in the Fall 2019 issue of the journal of the Organismo Italiano di Valutazione, the valuation standards-setter in Italy.
BVU News and Trends January 2020
A monthly roundup of key developments of interest to business valuation experts.
Manichaean Capital, LLC v. SourceHOV Holdings, Inc.
In appraisal proceeding, Court of Chancery adopts petitioner expert’s DCF-based model for calculating fair value, making slight adjustment to expert’s size premium; on beta calculation, court finds respondent expert’s novel approach “does not survive judicial scrutiny” and raises Daubert issues.
Novel Beta Method Occasions Rebuke From Court of Chancery in Appraisal Case
In appraisal proceeding, Court of Chancery adopts petitioner expert’s DCF-based model for calculating fair value, making slight adjustment to expert’s size premium; on beta calculation, court finds respondent expert’s novel approach “does not survive judicial scrutiny” and raises Daubert issues.
Discover the magical functions of Excel for BV
Spreadsheets can be a valuation analyst’s best friend, or a worst enemy, according to Shawn Hyde (Canyon Valuations), a valuation practitioner and Excel enthusiast.
Smarter Spreadsheets: Improving the Efficiency and Accuracy of a Valuation in Excel
This Isn’t Your Father’s Microsoft Excel. Spreadsheets are a very useful tool for completing any analysis, not just for business appraisal, but for all kinds of projects. Unfortunately, many users never realize just how powerful Microsoft Excel actually is. Valuation expert and Excel enthusiast Shawn Hyde is here to share all of the functions and tools that have been added over the years that have really make an impact on valuation’s most utilized software. Experience ...
Lost profits claims fail to meet New York’s strict standard
Establishing lost profits under New York law can be difficult.
Spend more time on the numerator, expert panel advises
Attendees at a recent online workshop were urged to spend more time on the numerator (forecasts) of the valuation equation rather than the denominator (cost of capital).
Reasonable Certainty for New Business Lost Profit Calculations
New-business lost profit calculations have been a heavily contested topic. Many courts and practitioners rely on historical approaches using historical data of the company itself or a “comparable” company. Join Josh Shilts for a discussion of recent case law and various approaches and learn techniques to validate your lost profit projection. Take these skills and make your report and testimony more defensible.
A simple look at betas—and other inputs to the income approach
When estimating a company’s cost of equity, we all know investors adjust for varying levels of risk.
IceMOS Tech. Corp. v. Omron Corp.
In contract dispute, court says claims for lost profits and lost business value fail because, for both, plaintiff is unable to determine damages with reasonable certainty; relying solely on projections of future performance, without any proof of profit, is not enough under New York law.
Plaintiff’s Projections Fail to Meet New York Test for Lost Profits or Lost Business Value
A breach of contract case in which the plaintiff asked for various types of economic damages is noteworthy for the court s extended discussion of what the plaintiff must show under New York law to make a case for lost profits. The court explained that the hurdle was particularly high for a new business or a business trying to break into a new market considering the company s lack of a financial track record. Damages must be ...
Fairness Opinions and Projections
Join the expert panel of Craig Jacobson, Richard Peil of GlassRatner, and Jeff Rothschild for this advanced instruction on fairness opinions in 2019. Learn both legal and financial aspects of fairness opinions, with a special focus on the role of projections used in the underlying valuation analysis, with special insight on the interaction between management and the opinion provider. The legal environment for fairness opinions, including descriptions of best practices, will also be considered.
BV and litigation seminar in New Haven, Conn., September 26
There’s a unique opportunity to hear from a veteran valuation expert with many years of experience in court, and BVWire will be there! Appraiser Jim Alerding (Alerding Consulting LLC), who has testified in over 400 cases, will present a full-day seminar, Business Valuation and Litigation.
BVU News and Trends August 2019
monthly roundup of key developments of interest to business valuation experts.
BVU News and Trends September 2019
A monthly roundup of key developments of interest to business valuation experts.
Front-Burner Issues Presented at This Year’s NYSSCPA BV Conference
Inputs into the cost of capital, cryptocurrency, and financial projections are just a few of the important topics discussed at the annual business valuation conference of the New York State Society of CPAs (NYSSCPA) in New York City. BVU attends this event every year, and here are a few takeaways from the sessions.
Free download of an improvement to the Gordon growth model
One of the benefits of attending BV conferences in person is that you can also pick up some interesting things outside the formal sessions, such as during networking events, in the exhibit hall, or in the local watering hole after a long day.
DOL sticks to its tough ESOP litigation strategy
Despite criticism from the ESOP community, the Department of Labor is not abandoning its litigation-prone approach toward ESOPs, as a recently filed lawsuit makes clear.
Hot-button issues presented at NYSSCPA BV conference
Cryptocurrency, financial projections, and inputs into the cost of capital were just a few of the important topics discussed at the annual business valuation conference of the New York State Society of CPAs (NYSSCPA) on May 20 in New York City.
D.C. Circuit Upholds Remainder-Interest Valuation in Weird Charitable Contribution Case
In charitable contribution case involving remainder interest, D.C. Circuit upholds Tax Court’s value-related findings, including that petitioner did not provide qualified appraisal and did not meet substantiation requirements; valuation here is to be based on FMV, not actuarial tables.