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Best Practices – Thought Leadership in Valuation, Damages, and Transfer Price Analysis

March 2020 Hardcover

Robert F. Reilly, Robert P. Schweihs

Best Practicesincludes more than 1,200 pages of thought leadership on a wide range of topics, including the valuation of private company securities and intangible assets, valuation for property tax purposes, valuation for ESOPs, fair value measurement for financial accounting purposes, transfer price analysis, and economic damages measurement. Learn more >>

Trial Court’s Stock Valuation Contravenes Agreement’s Buyout Provisions

In shareholder dispute over minority owner’s stock buyout, appeals court finds trial court’s sole reliance on five-year-old valuation and its rejection of appraiser’s recent valuation violates parties’ shareholder agreement and requires revaluation.

R. Kashmiry & Assocs. v. Ellis

In shareholder dispute over minority owner’s stock buyout, appeals court finds trial court’s sole reliance on five-year-old valuation and its rejection of appraiser’s recent valuation violates parties’ shareholder agreement and requires revaluation.

Montana Supreme Court Remands for Failure to Assess Tax Implications

High court says trial court erred when it failed to consider tax implications where its final order appears to make sale of family ranch a necessity; evidence suggests there are no other assets with which to buy wife’s shares of ranch corporation at FMV.

Montana Supreme Court Remands for Failure to Assess Tax Implications

High court says trial court erred when it failed to consider tax implications where its final order appears to make sale of family ranch a necessity; evidence suggests there are no other assets with which to buy wife’s shares of ranch corporation at FMV.

In re Marriage of Broesder

High court says trial court erred when it failed to consider tax implications where its final order appears to make sale of family ranch a necessity; evidence suggests there are no other assets with which to buy wife’s shares of ranch corporation at FMV.

Valuation Combines Elements of Rival Experts’ Cash Flow Analyses

Appeals court defers to trial court’s method of applying one expert’s cap rate to other expert’s cash flow analysis when valuing spouse’s interest in closely held company and says “purposeful” application of minority discount has support among valuators.

Browne v. Browne, Jr.

Appeals court defers to trial court’s method of applying one expert’s cap rate to other expert’s cash flow analysis when valuing spouse’s interest in closely held company and says “purposeful” application of minority discount has support among valuators.

Hanusin v. Hanusin

In a divorce case involving a closely held corporation, the appeals court finds trial court was justified to credit a 2004 stock purchase agreement instead of a 2012 settlement when valuing husband’s shares; the buyout was a true arms-length transaction ...

Mandell v. Mandell

Texas court holds unsigned buy-sell agreement controls value of husband’s medical practice, a privately held professional association, in divorce.

Appropriateness of Accounting Principles and Valuation Must Go to Trial

One of the issues in this shareholder dispute was whether stock was correctly valued pursuant to a stock purchase agreement.

K-O Enterprises, Inc. v. O'Brien

One of the issues in this shareholder dispute was whether stock was correctly valued pursuant to a stock purchase agreement.

Damages Award on Federal Securities Fraud Claim Not Speculative

Peter Camplin started Sea Dog Brewing Co. in 1992.

Contract Unambiguously Excluded Environmental Liabilities From Fair Market Value

The issue on appeal was the meaning of the term "fair market value" in an abandonment provision of an option agreement.

Wortley v. Camplin

Issue is whether jury's damages award in claim for breach of stock purchase agreement were too speculative.

RJE Corp. v. Northville Indus. Corp.

The issue was the meaning of the term "fair market value" in an abandonment provision of an option agreement and whether it excluded potential environmental liabilities.

Klein v. Klein

One of the issues in this case was whether husband's shares of Burlen Corp. were marital property.

Klein v. Klein

One of the issues in this case was whether husband's shares of Burlen Corporation were marital property.

William I Koch v. Koch Industries, Inc.

At issue is misrepresentation and omission of material facts during stock purchase negotiation, including evidentiary issues.

Parrott v. Coopers & Lybrand, L.L.P.

At issue is the valuation of employee's stock after termination and breach of fiduciary duty by the majority shareholder.

Accountants for Company Not Liable to Terminated Employee

This accountant malpractice action arose as a result of the plaintiff's efforts to obtain a higher price for his 40,500 shares of stock of Pasadena Capital Corp., an investment advisor firm.

Lupoli v. Zempsky

At issue is the settlement of valuation disputes by arbitration.

Arbitration Agreement Case

Plaintiffs in this case contend that a provision in a stock purchase and sale agreement, which provides for valuation by Ernst & Young, evidences the parties' intent to arbitrate any valuation dispute.

Nichols v. Nichols

At issue is the valuation of husband's shareholder interest in his law firm.

Nichols v. Nichols

27 Cal. App. 4th 661, 33 Cal. Rptr. 2d 13 (Cal. Ct. App. Aug. 11, 1994). Judge Scotland.

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