Case Law & Expert Testimony

Attorneys and appraisers turn to BVR to understand and challenge business valuations in court. With a wealth of resources and case law, grow your client network and conduct better legal research and due diligence.
Guides & Books
BVR Law Yearbook 2018

Business Valuation Case Law Yearbook, 2018 Edition

February 2018

The Business Valuation Case Law Yearbook, 2018 Edition is essential for business appraisers and attorneys who want to stay ahead of their peers on the most important legal issues brought up in business valuation-related cases. With in-depth analysis from BVR’s legal team, the lessons learned in this book help appraisers reach better and more defensible valuation conclusions. And, attorneys who retain appraisers as financial experts learn how their experts can help them win (or lose) in court.  Learn more >>
Business Valuation Update Yearbook 2018

Business Valuation Update Yearbook, 2018 Edition

February 2018

BVR has you covered with the Business Valuation Update Yearbook 2018. This newest edition from the publishers of Business Valuation Update covers the year’s most groundbreaking and thought-provoking advancements in business valuation, and more. This critical desktop reference keeps you ahead of your peers with on-the-ground reporting from valuation experts, thought-leaders, and BVR’s editorial team. Learn more >>
Litigation Services Handbook: The Role of the Financial Expert Sixth Edition

Litigation Services Handbook: The Role of the Financial Expert, 6th Edition

May 2017

The Litigation Services Handbook is the definitive guide for financial experts engaged in litigation services. Attorneys require financial experts now more than ever, and this book provides the guidance you need to provide a high level of service as witness and consultant. Enhance your litigation skills as you delve into the fine points of trial preparation, deposition, and testimony; project authority under examination, and hold up to tough questions under cross-examination.  Learn more >>
The Business Valuation Bench Book

The Business Valuation Bench Book

April 2017

If you are an attorney or judge navigating business valuation concepts and calculations in financial experts' reports, you'll want this practical reference guide on your bookshelf. The  Business Valuation Bench Book , gives you the guidance and tools to better assess the facts and analysis made by business valuation experts. Written by top financial experts William J. Morrison and Jay E. Fishman this must-have resource addresses fundamental business valuation concepts in an easy-to-use format. Learn more >>
Intellectual Property Valuation Case Law Compendium

Intellectual Property Valuation Case Law Compendium, Third Edition

April 2017

Confidently navigate your next IP engagement with new thought leadership in BVR's Intellectual Property Valuation Case Law Compendium, Third Edition. Ensure you have the most current analysis on how courts across the U.S. view key business valuation issues. This compendium includes in-depth analysis on nearly 200 court cases, several chapters with insight and advice from top business valuation experts, and a list of the top 20 questions to ask when completing due diligence for an IP valuation.  Learn more >>
Business Valuation Update Law Yearbook 2017

Business Valuation Case Law Yearbook, 2017 Edition

February 2017

The Business Valuation Case Law Yearbook analyzes the year’s most meaningful valuation-related issues in the major courts including marital disputes, breach of contract actions, damages, dissenting shareholder disputes, estate and gift tax cases, federal taxation, intellectual property cases, bankruptcy litigation, and more. Readers learn how debates over economic damages, goodwill, M&A-related appraisals, discounts, and Daubert challenges played out in court during the past year. Learn more >>
Business Valuation Update Yearbook, 2017 Edition

Business Valuation Update Yearbook, 2017 Edition

February 2017

BVR has you covered with the Business Valuation Update Yearbook 2017. This newest edition from the publishers of Business Valuation Update covers the year’s most groundbreaking and thought-provoking advancements in business valuation including IRC Sec. 2704, DLOM, cost of capital, and more. This critical desktop reference keeps you ahead of your peers with on-the-ground reporting from valuation experts, thought-leaders, and BVR’s editorial team. Learn more >>
Business Valuation in Divorce Case Law Compendium

BVR's Business Valuation in Divorce Case Law Compendium, Third Edition

May 2016

BVR’s new Business Valuation in Divorce Case Law Compendium, Third Edition is an indispensable tool for every divorce professional who wants to stay ahead of the game. Now updated with the most recent court cases featuring divorce cases with a business valuation component, this must-have compendium contains 340+ divorce cases which grapple with key business valuation issues. Learn more >>
Business Valuation Update Yearbook 2016

Business Valuation Yearbook 2016

February 2016

Keep up with business valuation’s most innovative approaches and techniques, new court decisions, and regulatory and professional standards updates. BVR has you covered with the Business Valuation Update Yearbook 2016. This newest edition from the publishers of Business Valuation Update covers the year’s most groundbreaking and thought-provoking advancements Learn more >>
BVR Legal & Court Case Yearbook 2016

BVR Legal and Court Case Yearbook 2016

February 2016

The BVR Legal and Court Case Yearbook 2016 is essential for business appraisers and attorneys who want to stay ahead of their peers on the most important legal issues confronting business valuation. With in-depth analysis from BVR’s legal team, the lessons learned in this book help appraisers come to better and more defensible valuation conclusions. Learn more >>
Business Valuation Update Yearbook 2015

Business Valuation Update Yearbook 2015

February 2015

BVR has you covered with the latest news in the business valuation profession! Get your Business Valuation Update Yearbook 2015 now to stay up to date with the most innovative approaches and techniques, leading conferences, new court decisions and changes in regulations and standards in the profession with on-the-ground reporting from valuation experts, thought-leaders and the BVR editorial team. Learn more >>
BVR Law Yearbook 2015

BVR Legal and Court Case Yearbook 2015

February 2015

The BVR Legal and Court Case Yearbook 2015 is essential for business valuation professionals and attorneys to stay current on the most important legal issues confronting the profession. The Yearbook covers marital disputes, breach of contract actions, damages, dissenting shareholder disputes, estate and gift tax cases, federal taxation, intellectual property cases, bankruptcy litigation, and more. Learn more >>
Business Valuation & Bankruptcy Case Law Compendium Cover

Business Valuation & Bankruptcy Compendium: Case Law & Analysis, Second Edition

November 2014

BVR’s bestselling Business Valuation & Bankruptcy: Case Law Compendium, Second Edition is updated with the most recent court cases featuring business valuation and bankruptcy. This one-of-a-kind legal resource will save you hours of research. Learn more >>
Valuation Cases From the Delaware Court of Chancery Show How to Excel

Valuation Cases From the Delaware Court of Chancery Show How to Excel (PDF)

October 2014

Valuation Cases From the Delaware Court of Chancery Show How to Excel is an important and one of a kind reference tool for your library. The court case digests and articles presented in this special report provide rigorous analysis of and insight into the court’s view of business valuation methodologies and valuation techniques. Learn more >>
Business Valuation & Daubert Challenges for Experts: The Courts Raise the Bar

Daubert Challenges: The Courts Raise the Bar (PDF)

July 2014

This special report equips practitioners with case law, sample motions, practice tips, and check lists. In the report's nearly 350 pages, financial experts and lawyers share their unique insights into what it means to face a Daubert challenge and what it takes to survive one. No expert hoping to excel in the litigation arena can afford to be without this unique practice tool. Learn more >>
Business Valuation Issues in Estate & Gift Tax: Case Law Compendium

BVR's Business Valuation Issues in Estate and Gift Tax: Case Law Compendium

March 2012

BVR's Business Valuation Issues in Estate and Gift Tax: Case Law Compendium contains 200+ court cases abstracts and full text opinions of cases involving tax disputes over estate and gift valuations dating back to 1993. The field of gift and estate tax law has changed rapidly in the past 10-15 years with a number of cases that speak directly to the business valuation profession. Learn more >>
The Lawyer's Business Valuation Handbook: Understanding Financial Statements, Appraisal Reports, and Expert Testimony

The Lawyer's Business Valuation Handbook, Second Edition

July 2010

This book is a comprehensive, easy-to-use, authoritative reference on the merits of business valuation positions, and assists the legal profession in evaluating the quality and comprehensiveness of evidence as well as qualifications of experts.  Learn more >>
Training
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Excel for Valuation: Beginner to Advanced (eLearning Course)

Excel for Valuation: Beginner to Advanced (eLearning course)

Whether you're new to the field or a veteran business valuation practitioner, there is no tool more critical than Excel.  BVR's new eLearning course, "Excel for Valuation: Beginner to Advanced," will catapult your Excel knowledge and skills so you can work as efficiently as possible with spreadsheets, formulas and functions. You can customize the course to match your skill level; start with the very basics or jump right into more complex areas. The eLearning combination of video, notes, take-away templates, quizzes, and exercises ensure you will remain thoroughly engaged for the duration of the course.  Learn more >>
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International Business Valuation Standards and Ethics (eLearning course)

Valuation is a global profession, and for many that means complying with the new 2017 International Valuation Standards and Code of Ethical Principles. This comprehensive eLearning course delivers what you need to know to demonstrate global valuation competency and understand the significant changes to the standards. See practical and relevant examples by working through an actual case study that follows all of the logical steps of a valuation engagement. Hold yourself to a higher  global standard and be prepared to venture wherever your next valuation assignment takes you. Learn more >>
International Cost of Capital eLearning Course

International Cost of Capital: Global Education by iiBV (eLearning course)

The income approach is the most relied upon approach for most valuations, and determining the cost of capital for your engagement for a non-U.S. company is often difficult due to lack of local data. Utilizing commonly applied models in developing international cost of capital, such as relative volatility models or country yield spread models, is critical for success. Learn the shortcomings of each model in terms of their ability to capture the systematic and unsystematic risk in a subject company. Learn more >>
Monte Carlo: Applications, Examples and Best Practices for Valuation

Monte Carlo: Applications, Examples and Best Practices for Valuation (eLearning course)

As complexity and uncertainty continue to increase, business valuation experts must up their game to master the challenges that accompany today's engagements. Rise to – and soar beyond – the occasion using Monte Carlo simulations, an indispensable method for advanced valuation scenarios. This eLearning course, "Monte Carlo: Applications, Examples and Best Practices for Valuation" distills the best instruction and content on the topic. Learn more >>
Valuing Early Stage Company eLearning Course

Valuing Early Stage Companies: Global Education by iiBV (eLearning course)

Early stage companies are challenging to value. Often with undeveloped or even no revenue these companies require a unique set of tools for a business valuer. Learn the common models used to deploy valuations in this area such as the Current Value Method, Option Pricing Model, and the Probability Weighted Expected Return Method (PWERM), along with their shortcomings. Learn more >>
Valuing Intangible Assets eLearning Course

Valuing Intangible Assets: Global Education by iiBV (eLearning course)

 Every valuation professional needs to be able to identify the differences between intangible and tangible assets. The first step is to define the major categories of intangible assets and understand the common models used to determine value. Often the purpose of intangible valuation is for financial reporting contexts, including purchase price allocation. Join Jon Barton in this fundamental eLearning course that builds on core valuation concepts with in depth lectures and Excel-based case studies. Learn more >>
Valuing Minority Interests eLearning Course

Valuing Minority Interests: Global Education by iiBV (eLearning course)

Valuing a partial interest in a business is difficult, and when that interest is a minority ownership stake the impact to value can be significant. In this eLearning course, led by John Barton, you’ll learn methods to adjust for and quantify minority discounts. Control is a key issue, and understanding the multiple methods an appraiser can utilize is critical to a defensible valuation. Learn more >>
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News & Research
BVU Cover Page

Business Valuation Update

The Business Valuation Update (BVU), a monthly newsletter with searchable online access, includes new thinking from leading professionals, detailed reports from valuation conferences, analysis of new business valuation approaches, thorough analysis of “landmark” legal cases in key business valuation issues, regulatory and standards updates, and much more. Learn more >>
BVLaw Screen Shot

BVLaw

Attorneys and appraisers alike turn to the exclusive BVLaw collection of 3,900+ cases concerning business valuation issues including economic damages, lost profits, estate and gift tax, divorce, shareholder repression, partnership dissolution, securities litigation, and more. Learn more >>
Blog Posts
18 / December 2018

Split high court rules on classification of earnout payment in divorce dispute

The parties’ dispute over how to classify earnout payments related to the sale of a valuable marital asset recently prompted a split ruling from the Minnesota Supreme Court. The issue was whether those payments were part of the sales consideration, as the wife argued, or represented future compensation to the husband, as the district court found. Read more >>
Posted in: Business Valuation Law News Written by: Sylvia Golden 0 Comments
Categories: marital dissolution/divorce
Tags: contingent equitable distribution expectancy gelato marital property purchase agreement purchase price sorbet Talenti valuation date willing buyer willing seller
03 / December 2018

Failure to explain inputs gets expert excluded under Daubert

If more proof is necessary to show that courts across all legal fields dive deep into the details of valuation testimony, a recent damages case that arose in the context of a condemnation proceeding should do the trick. Read more >>
Posted in: Business Valuation Law News Written by: Sylvia Golden 0 Comments
Categories: economic damages & lost profits
Tags: admissibility capitalization rate condemnation damages daubert duff & phelps equity risk premium expert testimony income approach lost profits rate of return reliability rule 702 small stock risk premium
25 / September 2018

Hear from nationally recognized experts at the AAML/BVR National Divorce Conference

Join your colleagues and top thought leaders at the highly anticipated AAML/BVR National Divorce Conference in Las Vegas, May 8-10, 2019. This one-of-a-kind event brings together leading matrimonial attorneys and financial experts to share their knowledge and critical insights on cutting-edge topics. Read more >>
Posted in: BVWire News 0 Comments
Categories: marital dissolution/divorce
Tags: AAML divorce valuation National Divorce Conference training
24 / September 2018

Alabama divorce court adopts result of calculation engagement

There is a split in the valuation community as to the merit of calculation engagements. As we recently reported, some valuators are adamantly opposed to doing them, whereas other appraisers believe that calculation engagements have a rightful place in their tool kit. Read more >>
Posted in: Business Valuation Law News Written by: Sylvia Golden 0 Comments
Categories: marital dissolution/divorce
Tags: calculation engagement calculation of value dental lab valuation engagement valuation expert
27 / August 2018

Do you know the common elements of lost profits damages cases?

Among a dynamic array of other topics, BVR’s newest publication, The Comprehensive Guide to Economic Damages, covers the common elements of lost profits damages cases. This excerpt from the guide discusses how a plaintiff typically must establish three elements to recover lost profit damages: proximate cause, forseeability, and reasonable certainty. Read more >>
Posted in: BVWire News 0 Comments
Categories: economic damages & lost profits
13 / July 2018

Valuing goodwill in divorce: State-by-state breakdown of enterprise & professional goodwill jurisprudence

Appraisers working on divorce cases know that goodwill is a fundamental concept they have to master. What makes it challenging is that divorce is a state matter and that different states adhere to different rules as to how to treat goodwill. BVR is excited to offer legal and valuation professionals a handy reference guide that includes a state-by-state breakdown of goodwill jurisprudence Read more >>
Posted in: Business Valuation Law News 0 Comments
Categories: goodwill marital dissolution/divorce
Tags: goodwill in divorce goodwill jurisprudence
13 / June 2018

Can a nonprofessional business have personal goodwill? Arkansas court explains

Arkansas is one of the many states that differentiate between enterprise goodwill and personal goodwill. The former is marital property and divisible at divorce; the latter is not. A question that has come up in recent years is whether the owner of a nonprofessional business can claim personal goodwill whose value is excludable from the marital estate. Read more >>
Posted in: Business Valuation Law News Written by: Sylvia Golden 0 Comments
Categories: goodwill
Tags: Brave v. Brave divisible enterprise goodwill marital dissolution marital estate marital property nonprofessional business personal goodwill professional practice
06 / March 2018

Michigan court explains treatment of S corp’s retained earnings in divorce

The overarching issue in a recent Michigan divorce case was appreciation. Did the nonowner spouse (wife) have a right to a portion of the increase in value of her husband’s separate property, an S corporation? A related issue, and one that posed a question of first impression in Michigan, was how to treat the company’s retained earnings. Read more >>
Posted in: Business Valuation Law News Written by: Sylvia Golden 0 Comments
Categories: marital dissolution/divorce
Tags: appreciation analysis control federal taxation inclusion marital estate presumption retained earnings S corp separate property
02 / February 2018

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. Read more >>
Posted in: Business Valuation Law News Written by: Sylvia Golden 0 Comments
Categories: economic damages & lost profits
Tags: components extraterritoriality Federal Circuit ION Geophysical Corp. lost profits patent damages litigation patent infringement reasonable royalty Schlumberger surveying technique Western Geco
11 / December 2017

Don’t assume causation, AICPA panel warns damages experts

Causation presents one of the most vexing problems for damages experts. But ignoring causation and simply working off the assumption that it exists may end up being the biggest problem for an expert. Read more >>
Posted in: Business Valuation Law News Written by: Sylvia Golden 0 Comments
Categories: economic damages & lost profits
Tags: Acadia Healthcare assumption business tort but for causation Christian Tregillis (Hemming Morse) economic damages & lost profits expert testimony Horizon Health substantial factor