ESOPs: Should You Consider an Interim Valuation? Covid-19

The spread of COVID-19 and the resulting economic uncertainty has caused employee stock ownership plan (ESOP) companies to question their 2019 stock valuations. This annual stock value is typically used for purposes of ESOP participant distributions and diversifications until the next annual valuation.   Only what was known or knowable as of the appraisal date should…


Winter Newsletter 2019

The Secrets to Expert Testimony That Engage and Persuade a Court Survey Finds Market for Small Businesses May Have Peaked Delaware Chancery Relies on Deal Proposal Valuation in Adjudicating Buyout Dispute AICPA’s Final PE/VC Guide Issued Soon Court of Chancery Rules Unaffected Market Price is Best Evidence of Fair Value Tax Affecting of S Corporations…


Fall Newsletter 2019

Newest Survey on Private Rates of Return Acquisitions of Private Firms Up 12% in 2018 Senior Healthcare M&A Soars Private Equity Acquisitions in the Physician Practice Space Health Care M&A Court Chooses DCF to Determine Fair Value in“Straightforward” Appraisal Case Recent Daubert Rulings Show Courts’Different Takes on the Role of Gatekeeper It’s Not Just the…


Summer Newsletter 2019

M&A Basics: Buying A Business Firms Relying More on Third Party Valuers Drivers for a Hospital Deloitte Examines M&A Trends for 2019 Tombstone Experts Clash Over Definition of ‘Net Worth’ in New Jersey Buyout Dispute Verizon’s $4.6 Billion Impairment Expert’s Use of Wrong Damages Methodology Results in ‘Grossly Inflated’ Damages Appellate Court Upholds Use of…


2014 Edition, Volume 4

A ‘Rose.com’ Is a ‘Rose.com’: What’s the Value of a Domain? IRS Kicks Off ‘Limited’ 409A Audit Project Best Practices for Fund Valuations as SEC Cracks Down Healthcare M&A Spending Is Uo 171% in 2Q14 over1Q14 VMI Highlights 2014 4Q 2014 Newsletter (Reader)


2014 Edition – Volume 3

Studies Show Merger Synergies Are Optimistic – Concerns with M&A Targets – No Easy Money in M&A Shareholder Suits for Plaintiffs – Candy Crush Gets “Crushed” But Other IPOs Do Well – Priorites for the Healthcare Industry – Hospitals Shift M&A Focus to Outpatient Facilities – Plaintiffs’ Case Undermined by Lack of Valuation Expert – VMI Highlights


2014 Edition – Volume 2

When is the Right Time to Sell a Business? – Valuations High for Private Firms, Says New Pepperdine Report – New Analysis of Value of Small Online Biz – FASB Endorses PCC Alternatives for Goodwill and Interest Rate Swaps – Step Zero Surprise in New Goodwill Impairment Study – New Cases Spotlight the Value of ‘Right of Publicity’ – DE Chancery Prefers Use of Merger Price to Determine Fair Value


2014 Edition – Volume 1

M&A Activity Brisk, 3rd Quarter 2013 Multiples Up Purchase Price Allocation Shifts Away from Goodwill Avoiding the Valuation of Referrals in a Healthcare Context DE Chancery Scrutinizes Pre-Crisis Projections IRS Discovers DCF is a ‘Double-Edged’ Sword No Taboo Against Marketability Discount in Sharholder Suit VMI Highlights Download


2013 Edition – Volume 4

Stars Align for More M&A Activity Looking for the Elusive Value of Synergy in M&A Hospitals on Shopping Spree for Physician Practices ‘Bad’ Valuation of King of Pop Estate, Says IRS Which Business Type has the Highest Effective Tax Rate? Expert’s Loss-of-Use Computation Holds Up on Appeal Claims Court Rules IRC Section 409A Governs Discounted…


2013 Edition – Volume 2

Some Insights on Recent ‘Baffling’ FLP Rulings US Court of Federal Claims Agrees with the IRS Position that Section 409A Applies to Discount Stock Options Battle of Three Experts Turns on Reliability of Third-Party Appraisals Expert’s Damages in Cookie Case….Crumbles Patent Value May Drive Return to US Prosperity, Says New Brookings Report Download