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BV News and Trends January 2023

A monthly roundup of key developments of interest to business valuation experts.

Global BV News and Trends January 2023

Business valuation news from a global perspective.

The ASA Difference Campaign has launched

This past September, we reported that the American Society of Appraisers (ASA) would be launching a campaign to help elevate the ASA brand in the appraisal profession.

Global BV News: IPEV updates PE/VC valuation guidelines

International Private Equity and Venture Capital (IPEV), a trade group that sets valuation practices for private funds, has published the 2022 edition of its guidelines.

New chair of the IVSC standards board

Susan DuRoss, executive director, global valuations, at Harvest Investments, has been appointed the new chair of the Standards Review Board (SRB) at the International Valuation Standards Council (IVSC).

Values of tech brands have nosedived, per new study

Shifting consumer demand patterns and inflation have taken their toll on the world’s most valuable brands, particularly in the tech sector.

Business Valuation Case Law Yearbook, 2023 Edition

January 2023 PDF, Softcover (195 pages)

BVR (editor)

Business Valuation Resources, LLC

The legal coverage and in-depth analysis from the BVR legal team including an Introduction by Jim Alerding, BVR Legal Editor delivers lessons learned to help appraisers reach better and more defensible valuation conclusions. The 2023 Yearbook illustrates how financial experts helped their side win (and lose) in the courtroom and includes 70 new cases were added to BVLaw in 2022.  Learn more >>

Business Valuation Update Yearbook, 2023 Edition

January 2023 PDF, Softcover (426 pages)

BVR (editor)

Business Valuation Resources, LLC

It's that time of year again, BVR's “greatest hits” publication is here!  The Business Valuation Update Yearbook 2023 covers the previous year’s most groundbreaking and thought-provoking advancements in valuation.  It captures changes in regulations and professional standards, key takeaways from professional conferences, and tactical practice-building ideas. This critical desktop reference puts you ahead of the competition with on-the-ground reporting by the BVR editorial team including an Introduction by Andy Dzamba, BVR Executive Editor and insights from notable BV experts. Learn more >>

Double Backsolve Remains Unsupported

This article initially examines the mechanics of the established option pricing method (OPM) backsolve (OBS). It then quickly moves to a critical analysis of the more recently developed double backsolve (DBS) method, which certain practitioners have proposed as an alternative to OBS. We review the literature cited to support DBS and find it does not, in fact, support its use. In addition, we note some inconsistencies in the current use of DBS. We conclude that ...

From the Chair

Recently I was interviewed to discuss my journey to becoming a valuation expert. One of my goals for this discussion was to explain the evolution of my career to be an example to others who may be looking for a change in their current professional position.

VeroBlue Farms USA Inc. v. Wulf

In this complex case, which the district court judge called “a doozy,” the subject of this subissue was a motion by the defendants to exclude the testimony of the plaintiff’s (VeroBlue Farms USA Inc.) damages expert, Brandi Kleinman, CPA/CFF. The district court judge assigned the case to the court’s magistrate judge for recommendation of decision. The motion alleged a multitude of issues and flaws with the opinions of Kleinman. The magistrate, despite these alleged issues and flaws, denied the motion, thereby allowing Kleinman to testify.

U.S. District Court (Texas) Allows Testimony of Damages Expert Despite Alleged ‘Flawed Opinions’

In this complex case, which the district court judge called “a doozy,” the subject of this subissue was a motion by the defendants to exclude the testimony of the plaintiff’s (VeroBlue Farms USA Inc.) damages expert, Brandi Kleinman, CPA/CFF. The district court judge assigned the case to the court’s magistrate judge for recommendation of decision. The motion alleged a multitude of issues and flaws with the opinions of Kleinman. The magistrate, despite these alleged issues and flaws, denied the motion, thereby allowing Kleinman to testify.

Damodaran posts his data update for 2023

At the beginning of each year, Professor Aswath Damodaran (New York University Stern School of Business) generously posts a great amount of data on his website that include risk-free rates, equity risk premiums (ERPs), corporate default spreads, corporate tax rates, country risk premiums, and other data—all of which are free.

NACVA adds to CVA and MFF ranks

The National Association of Certified Valuators and Analysts (NACVA) announced that 97 members recently earned their credentials.

Global BV News: CBV Institute issues exposure draft on adopting IVS

The CBV Institute, Canada’s valuation professional organization (VPO) and standard-setter, has issued an exposure draft that proposes the adoption and permitted (optional) use of the International Valuation Standards (IVS) as issued by the International Valuation Standards Council (IVSC).

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 ...

Contribute to the BV profession in 2023

During 2022, we saw many examples of BV practitioners giving back to the profession—from volunteering on a board to speaking at a conference to writing an article.

Global BV News: IVSC will propose changes to IVS

This April, the International Valuation Standards Council (IVSC) will publish an exposure draft outlining proposed updates to the International Valuation Standards (IVS) as well as the asset-specific standards (covering tangible assets, business and intangibles, and financial instruments).

Houlihan Lokey named best valuation firm by Asian hedge funds

For the third year in a row, Houlihan Lokey’s Portfolio Valuation and Fund Advisory Services practice has been recognized for its exceptional performance in valuation, earning the title of “Best Valuations Firm” at the HFM Asian Services Awards 2022.

NFT Valuation: Pictures Worth Ten Thousand Dollars…or Not—Part 2

This webinar will take you through the non-fungible token (NFT) life cycle from minting to destruction, elucidate the four major types of NFTs, and identify valuation techniques and special considerations for valuing each type of NFT. It will also orient you on how to read NFT records and where to find key information for valuation purposes.

Novosel v. Azcon Inc.

In this ESOP-related case, the plaintiff (an ESOP plan beneficiary) raised three complaints, two of which were primarily the result of the performance and use by the ESOP of an interim valuation date for measurement of the value of her shares for her retirement payments made over time. There was also discussion regarding the interim value determined and whether a PPP loan of $1.2 million should have been considered. The defendants moved for dismissal on the first two accounts. The court denied the dismissal of the first complaint in regard to assertions that the use of the interim valuation date was arbitrary and capricious. It also allowed the filing by the plaintiff of a second amended complaint. The court granted the defendants’ motion to dismiss the plaintiff’s complaint regarding the asserted cutback of accrued benefits.

ESOP Case Motions Revolve Primarily Around an Interim Valuation and Consideration of a PPP Loan

In this ESOP-related case, the plaintiff (an ESOP plan beneficiary) raised three complaints, two of which were primarily the result of the performance and use by the ESOP of an interim valuation date for measurement of the value of her shares for her retirement payments made over time. There was also discussion regarding the interim value determined and whether a PPP loan of $1.2 million should have been considered. The defendants moved for dismissal on the first two accounts. The court denied the dismissal of the first complaint in regard to assertions that the use of the interim valuation date was arbitrary and capricious. It also allowed the filing by the plaintiff of a second amended complaint. The court granted the defendants’ motion to dismiss the plaintiff’s complaint regarding the asserted cutback of accrued benefits.

2023 Overview of the Marijuana Industry: The Coming Wave of Consolidation and Beyond. Opportunities Abound!

The session will explore current trends and engagement opportunities in the cannabis industry. The continuing conflict between federal and state laws and regulations, coupled with the economic impact of inflation, the illicit cannabis market, and the aftermath of the COVID pandemic pause have resulted in a perfect storm for an incredibly unique industry. Recreational use of marijuana is currently legal for adults in 21 states and Washington, D.C., while medical marijuana is legal and available ...

Good News in New BVR Survey of Young ASA BV Experts

Preliminary results of a first-ever survey designed to gain some insights and perspectives to help the profession better attract and develop the younger generation of BV practitioners are in. The survey was conducted by BVR and the BV recruiting firm Borrowman Baker with the support of the American Society of Appraisers and was sent to ASA members under 40 years old in the business valuation discipline.

Hot Topics at the 2022 VSCPA Forensic and Valuation Conference

It was back to in-person attendance at the 22nd annual Forensic and Valuation Conference hosted by the Virginia State Society of CPAs. Topics included the income approach, effective recruiting, reasonable compensation, guideline transactions, surviving cross-examination, IRS developments, and a “Hardball With Hitchner” session that covered some front-burner issues.

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