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…


Spring Newsletter 2019

In This Issue: M&A Summary: Deal Values Up, Multiples Down Slightly Five Key Considerations When Selling a Business Access to Capital Improves for Small Firms Working Capital Disputes in M&A Transactions Do Private Equity Firms Pay for Synergies? Can ESOP Appraisal Satisfy Charitable Contribution Reporting Requirement? Law Firm Valuation Impacted by Standard of Value Download…


Fall Newsletter 2018

In This Issue: Lady Liberty Stamp Costs USPS Millions in Copyright Infringement Avoid Leaving Money on the Table in an M&A Transaction New Jersey Adopts Key Daubert Factors for Expert Admissibility Determination M&A and Lending Markets Still Hot New Study Predicts Mass Conversion From PTE to C Corp Uniform Standards of Professional Appraisal Practice Cited…


U.S. Department of Labor and First Bankers Trust Settle ESOP Lawsuits

THE BACKGROUND The U. S. Department of Labor (“DOL”) reached agreements to resolve four lawsuits with First Bankers Trust Services Inc. (“FBTS”).  The lawsuits alleged that FBTS violated the Employee Retirement Income Security Act (ERISA) when it approved stock purchases by the Employee Stock Ownership Plans (ESOPs).  As part of the agreements, FBTS paid approximately…


Winter Newsletter 2016

Bombshell Property Tax Ruling Includes Unreasonable Compensation Issues Study Reveals a Shift in Approach to Valuing Synergy How An Audit Committee Investigates Fair Value Estimates Trade Secret Valuation Paradox Chancery Blasts Expert Over Manipulated Valuation 20 Questions to Ask When Valuing Intellectual Property Winter 2016 Newsletter (Reader)


Are You Worried About The Value of Your ESOP Stock?

You should be! The valuation of ESOP stock is of particular importance to the ESOP trustees and ESOP participants. One of an ESOP trustees’ fiduciary responsibilities is to understand and approve the ESOP stock valuation. For participants, the ESOP stock value directly impacts their retirement benefits. These issues are enough keep you up at night!…


The M&A Resource, 2015 Edition, Volume 4

All in the Family Business Family Options and Resources for Planning The “When” is “Now”– We’re Older Than We Think! Selling the Family Business and Staying Sane Do Unicorns Exist for Some Family Businesses? Download the M&A Resource, 2015 Edition. Volume 4


2015 Edition, Volume 3

Pressure Grows on Stand-Alone PE Firms Regarding Independent Valuations Inside the Mind of the IRS Re: Reasonable Compensation IRS S Corp Job Aid Now Available Court Uses Hypothetical License to Determine Royalty Damages Against USPS Most Family Businesses See Steady Growth Ahead: PwC Survey Financial Experts Spar Over ‘Market Efficiency’ in Groupon Litigation Delaware Chancery…