Y/S Advisory Services discuss the state of the business valuation market
BVR’s Blake Lyman recently sat down to discuss the state of the business valuation industry with Kevin Yeanoplos and Ron Seigneur. With over two decades of experience each, Yeanoplos and Seigneur recently joined forces to form Y/S Advisory Services, a premier consulting service designed to help professionals in the business valuation space develop and grow [...]
Is the fair value standard dead in divorce?
Reports of the death of statutory fair value in marital dissolution cases may be premature, but in a recent BVWire™, we noted the latest decision from Colorado, In re Marriage of Thornhill, to decline to adopt the standard. Not only do state family courts still retain their broad discretion to value a business according to [...]
Stricter standards for IP evidence signaled by Federal Courts
Patent plaintiffs once considered the U.S. District court in the Eastern District of Texas one of the more favorable forums for winning damages—see, e.g., the recent $200 million jury award in i4i Ltd. Partnership v. Microsoft Corp, 2009 WL 2449024 (2009) (as digested in BVLaw). But perhaps no longer: A new case may signal a [...]
Laro to Address BV Trends in the Wake of the Great Recession
This just in: Judge David Laro (of the U.S. Tax Court) has joined the speaker line-up at the 24th Annual Valuation Roundtable of San Francisco, slated for Friday, May 21 in Berkeley, California. Laro will address the topic: “Practicing Business Valuation in the Wake of the Great Recession“ and will be joined by Steven Wood [...]
The Dirty Dozen: National Emerging Valuation Issues in Divorce
The BVLaw team is just back from the AICPA / AAML National Conference on Divorce in Las Vegas. The forum provided a solid overview of the very latest BV developments tied to divorce law. It was also a great opportunity to visit and network with some of the best BV experts in the space. Thanks [...]
Current securities claims winding down, losing value
In 2009, 7,137 security litigation claims were filed with FINRA, a 43% increase compared with 2008 (4,982 cases filed). Most of the disputes asserted breaches of fiduciary duty, misrepresentation/fraud, negligence, and breach of contract related to common stock and mutual funds. However, cases concerning limited partnerships interests showed a notable spike: 73 filings in 2009 [...]
Implied minority discounts: why the courts won’t let it die
One of the problems with precedent-based jurisprudence is that it can be slow to understand new practices, even when new applications have gained common acceptance by experts in the field. Such is the case with the current doctrine of implied minority discounts (IMD) in statutory appraisal law. “The IMD posits that, no matter how liquid [...]
Ten ways lawyers kill their own experts
Financial experts can make or break a case for economic damages, lost profits, taxable fair market values, dispositions in divorce, shareholder dissolutions—and more, but many lawyers “inadvertently destroy their experts’ credibility,” says a recent report by the American Bar Association. The most common “bad attorney habits” include Ø Finding experts at the last minute [...]
The quality of valuations for financial reporting is improving…but so is litigation
That’s the summary of comments from the panel of “Big 4” auditors at the ASA Fair Value Summit, held November 13th in the San Francisco offices of KMPG. The valuation environment is becoming more competitive and the days of “rogue/cowboy” valuations are over, says Josh Cashman (Arcstone Partners <http://www.arcstonepartners.com/> ), who provided a special report [...]
What do lawyers expect from the financial experts they hire?
“I want someone who will present well in court, obviously,” said Allen Mayefsky (Sharesky Aronson Mayefsky & Sloan LLP, New York City). “But most financial experts do the same thing in report after report. I want someone who can apply the concepts in a legitimate and justifiable way—but that also may be out of [...]
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