Tax Court judges’ panel highlights Georgetown Law/BVR On-line Tax Symposia
This and other questions continue to bedevil estate and gift tax practitioners with clients who own businesses. Business appraisers whose valuations support these clients’ claims are being challenged more frequently than ever. For example: are the guideline public company method and its use of comparable entities/transactions under heightened scrutiny by the Tax Court? And what [...]
Patent litigation study shows larger damage awards
PricewaterhouseCoopers’s annual PwC’s 2010 Patent Litigation Study, based on the firm’s database of patent damages awards from 1980 through 2009, shows “patent holders are winning considerable awards of damages as US patent trial success rates near their highest level in history. The largest ever patent damages award of over $1.8 billion was issued in 2009, [...]
Skadden Arps was the most active M&A firm in 2010
Who participated in the most deals? Skadden Arps wins–or so reports the Mergermarket Group. They’ve also issued a 2010 summary that joins the ranks of very optimistic analyses of the return of the merger and acquisition marketplace.
Butler Pinkerton Calculator passes a Daubert challenge
The BPC passed its first Daubert challenge in mid-December 2010 in Alamar Ranch, LLC v. County of Boise, a decision by the United States District Court (Idaho)(Civil Case No. 1:09-cv-00004 BLW). In response to the challenge, Peter Butler (Valtrend) submitted an affidavit listing the numerous instances of independent peer comments, articles, speaking engagements as evidence [...]
CLE Webcast option added for September Valuation of IP Summit
More good news on the CLE front. We’ve added an affordable Webcast option for our September Valuation of Intellectual Property Summit. Interested attorneys and paralegals can now watch the two-day event live via Webcast for just $499. Event details are below. BVR/Morningstar Summit on Best Practices in Valuing Intellectual Property September 15-16, 2010 – The Auditorium at [...]
New AHLA/BVR guide helps attorneys navigate healthcare valuation litigation
Understanding the complex relationships, evolving legislative landscape (including the Healthcare Reform Act) and other factors influencing healthcare practices and facilities is critical when faced with the challenge of defending or impeaching a tricky healthcare valuation. The American Health Lawyers Association (AHLA) and BVR are collaborating on a newly updated and soon to be published legal research guide that [...]
September Business Valuation Summits Offer Ohio Practitioners Robust CLE Opportunity
Good news, Ohio friends. Our upcoming Chicago Summits covering Valuation of Intellectual Property and Business Valuation in Divorce, have been approved for 11 Ohio CLE credits. Event details are below. We look forward to seeing you in Chicago next month! BVR/Morningstar Summit on Best Practices in Business Valuation in Divorce September 13-14, 2010 – The Auditorium [...]
Daubert and Kumho Tire case digests added to BVLaw™
It’s been ten years since the U.S. Supreme Court expanded its ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc. to all types of technical expert testimony—including financial experts and business appraisers—in Kumho Tire v. Carmichael. PriceWaterhouseCoopers has just released its new Daubert Challenges to Financial Experts: A Ten-year Study of Trends and Outcomes, 2000 to [...]
More background on Ringgold victory, in which industry experience held sway with the Tax Court
Ringgold Telephone Co. v. Commissioner., T.C. Memo. 2010-103, 2010 WL 1850426 (U.S. Tax Ct.)(May 10, 2010) BVLaw Alert subscribers have been alerted to the trend for an expert witness’ industry experience to trump professional background. We’ve mentioned several cases, including one of the most interesting, Ringgold. Ringgold, the taxpayer, provides telecommunications services in Georgia and Tennessee. [...]
When hiring a financial expert, is industry or professional experience more credible?
BVLaw Alert notes two recent cases which demonstrate that, between two otherwise qualified business valuation experts, the one with the better industry and company-specific experience may fare better in court: In Ringgold Telephone Co. v. Comm’r, T.C. Memo. 2010-103 (May 10, 2010) the U.S. Tax Court assessed the built-in capital gains tax triggered by a telecomm [...]
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