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Plaintiff’s COVID-Related Contract Claim Falters Despite Force Majeure Provision

Plaintiff’s COVID-Related Contract Claim Falters Despite Force Majeure Provision

by Royer Advisors | Dec 11, 2024 | Court Rulings

NetOne, Inc. v. Panache Destination Management While the economy teeters during the ongoing COVID-19 crisis, courts are beginning to rule on lawsuits brought by businesses under various legal theories. In the instant case, the plaintiff suggested the defendant had...
Court of Chancery Sanctions Use of Asset Approach in Complex Appraisal Case

Court of Chancery Sanctions Use of Asset Approach in Complex Appraisal Case

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

In re Happy Child World, Inc. A low-profile appraisal case in front of the Delaware Court of Chancery raised important valuation questions, including how the court should determine the fair value of a nonoperating entity and how it should deal with the value of claims...
Overstated’ Projections Sink Plaintiff’s Fair Value Determination

Overstated’ Projections Sink Plaintiff’s Fair Value Determination

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

Magarik v Kraus Earlier this year, a New York trial court presiding over a buyout dispute featuring an online wholesaler of faucets, sinks, and fixtures rebuffed the departing shareholder’s valuation. His expert’s discounted cash flow analysis collapsed on account of...
Indiana and South Carolina Courts Issue Key Discount Rulings

Indiana and South Carolina Courts Issue Key Discount Rulings

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

The Indiana Court of Appeals and the South Carolina Supreme Court recently issued noteworthy rulings on the appropriateness of discounts in valuing minority interests. The contexts in which the issue arose were different, but, in both cases, there was a compelled sale...
Tax Court Spurns IRS’ Gift Tax Valuation Theory and Methodology

Tax Court Spurns IRS’ Gift Tax Valuation Theory and Methodology

by Royer Advisors | Dec 11, 2024 | Court Rulings, IRS Regulation, Valuations

Grieve v. Commissioner In a gift tax dispute, the U.S. Tax Court recently found for the taxpayer when it rejected the unusual reasoning and methodology the Internal Revenue Service’s trial expert proposed to keep low the discounts applicable to the nonvoting...
Financial Expert Testimony Persuades Court to Order Inspection of Company Records

Financial Expert Testimony Persuades Court to Order Inspection of Company Records

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

Helen Ziegler Benjamin v. Island Management In a family dispute involving an irrevocable trust and several related closely held companies, the plaintiff trustees alleged a management company managed by certain family members was involved in misconduct. A discovery...
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Recent Posts

  • Massachusetts Appellate Court Finds Double and Maybe Triple Dipping and Reverses and Remands
  • Iowa Appellate Court Affirms Date of Value and Value of Farming Operation in Shareholder Oppression Suit
  • New York Appellate Court Affirms Award of 20% of Appreciation of Business During Marriage to Wife and Awards Maintenance to Wife
  • Expert’s Testimony Is Excluded as to Solvency—Adjustments to the Balance Sheet of Debtor Were Inappropriate
  • North Carolina Court of Appeals Affirms Trial Court as to Inclusion of Personal Goodwill

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