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New valuation cases added to BVLaw

Written by David on June 19, 2013 - 0 Comments
Categories: valuation case law analysis

Here’s a sampling of some recent cases where the courts have evaluated the testimony of financial experts to arrive at their final conclusions.   As always, BVWire’ digests, and the court documents, are available at BVLaw. Jack Tyler Engineering Co. v. Colfax Corp., 2013 U.S. Dist. LEXIS 51603 (April 10, 2013) In Daubert ruling, court says [...]

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New cases added to BVLaw this week…

Written by David on April 17, 2013 - 0 Comments
Categories: valuation case law analysis

Here’s a sampling of some recent cases where the courts have evaluated the testimony of financial experts to arrive at their final conclusions.   As always, BVLaw digests, and the court documents, are available at BVLaw. Factory Mutual Insurance Co. v. Alon USA, 2013 U.S. App. LEXIS 1481 (Jan. 23, 2013) Fifth Circuit affirms lower court’s use [...]

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DCF “subject to manipulation,” bankruptcy court says

Written by David on January 11, 2013 - 0 Comments
Categories: bankruptcy valuations, cost of capital, equity risk premia, income approach, valuation case law analysis

Dueling experts who began with the same cash projections but ended with values nearly $8 million apart for a relatively small, family-owned company.  This led the federal bankruptcy court (N.D. Ill.) to conclude that the “wide” and “striking” disparity between experts “lends credibility to the concept that the DCF method is subject to manipulation and [...]

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New legal cases added to BVLaw this month

Written by David on January 11, 2013 - 0 Comments
Categories: valuation case law analysis

Here’s a sampling of some recent cases where the courts have evaluated the testimony of financial experts to arrive at their final conclusions.   As always, BVLaw Alerts’ digests, and the court documents, are available at BVLaw.  IQ Holdings, Inc. v. Am. Commercial Lines Inc., Case No. 6369-VCL (August 30, 2012)  Delaware Chancery Court declines to [...]

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Sampling of new valuation case law digests added this month to BVLaw

Written by David on November 10, 2012 - 0 Comments
Categories: valuation case law analysis, valuation research resources

Walsh v. Walsh, 2012 Ariz. App. LEXIS 162 (Ariz. Ct. App.)(Oct. 2, 2012) Americas Mining Corporation v. Theriault, 2012 Del. LEXIS 459 (Aug. 27, 2012) In re Global Technovations, Inc., 2012 U.S. App. LEXIS 19209 (6th Cir. September 13, 2012) These are a sampling of cases where appellate-level courts ruled on issues related to valuation.   BVLaw has [...]

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And more case analysis added to BVLaw

Written by David on October 3, 2012 - 0 Comments
Categories: valuation case law analysis

  Here’s a sampling of some of the other decisions we’ve covered where financial analysis methods were recently challenged at the appellate level.   Fractus, S.A. v. Samsung Electronics, Co., 2012 U.S. Dist. LEXIS 90398 (June 28, 2012) Court affirms $23 million patent infringement award based on apportionment analysis of the plaintiff’s expert, which relied [...]

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DE Chancery too quick to dismiss the build-up method?

Written by David on September 12, 2012 - 0 Comments
Categories: cost of capital, income approach, valuation case law analysis

In response to our coverage of In re Orchard Enterprises, Ted Israel (Eckhoff Accountancy) finds much to compliment in the Chancery Court’s opinion, but also two major points to criticize regarding the court’s characterization of the build-up method as: 1) lying outside “mainstream” financial theory; and 2) being a variation of the Duff & Phelps “model” for deriving [...]

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New case digests added to BVLaw in the last weeks

Written by David on July 27, 2012 - 0 Comments
Categories: valuation case law analysis

The following is a sampling of court decisions in which determination of the value of a business was essential to the result.   Many of the leading financial experts and business appraisers were involved as consultants or expert witnesses in these matters.  BVLaw digests all cases where valuation methodologies or competing approaches are adjudicated. Gearreald v. [...]

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Sample new case digest and decisions involving disputed business values

Written by David on July 11, 2012 - 0 Comments
Categories: valuation case law analysis

Here’s a sampling of new decisions added to the BVLaw case law database. Dataquill Ltd. v. High Tech Computer Corp., 2012 U.S. Dist. LEXIS 53164 (April 16, 2012) Court excludes portions of expert’s second, supplemental report for failure to explain technical and economic comparability of licenses used to calculate reasonable royalty damages in patent infringement [...]

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Clarity is the best policy, Webb reminds Tax Court Symposium audience

Written by David on June 12, 2012 - 0 Comments
Categories: tax valuations, valuation case law analysis

No one wants to go to Tax Court, so what steps can valuation experts take to keep their clients out of it? Dennis Webb, a principal of Primus Valuations, listed three basic principles at the ASA’s May 17 U.S. Tax Court Cases Symposium in Cerritos, Calif.: Find the facts. Connect the facts. “There is market data; [...]

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