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Trial Court Fumbles Economic Damages Assessment

Trial Court Fumbles Economic Damages Assessment

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

Lane v. Lampkin, 2015 Miss. LEXIS 503 (Oct. 8, 2015) (Lampkin II)  It’s not uncommon for a trial court to decide a valuation issue by “splitting the baby”—that is, reaching a compromise somewhere in the middle of the opposing figures. Often the decision, however...
‘Reasonably Equivalent Value’ Analysis Meets FMV Standard, Court Says

‘Reasonably Equivalent Value’ Analysis Meets FMV Standard, Court Says

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

In re Mercury Cos., 2015 Bank. LEXIS 3443 (Oct. 9, 2015) (In re Mercury II) After filing for Chapter 11 bankruptcy, the plaintiff claimed the sale of certain subsidiaries to the defendant entities was an avoidable fraudulent transfer. The Bankruptcy Court considered...
Debt or Equity? New Guidance Helps You Decide

Debt or Equity? New Guidance Helps You Decide

by Royer Advisors | Dec 11, 2024 | Court Rulings, Financial Planning, IRS Regulation, Tax Planning

Generally, corporations can deduct interest on debts for federal tax purposes, and a valid obligation exists if the parties intended to create a debt, and the debt is enforceable and unconditional. A capital contribution, in contrast, is a direct or indirect...
Chancery Again Puts Trust in Merger Price Over Questionable DCF

Chancery Again Puts Trust in Merger Price Over Questionable DCF

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

Merion Capital LP & Merion Capital II LP v. BMC Software, 2015 Del. Ch. LEXIS 268 (Oct. 21, 2015) Don’t second-guess the result of a robust, arm’s-length sales process! That’s the view the Delaware Court of Chancery has been taking lately in statutory appraisal...
Employee, Partner or Both? Recent Developments Help You Decide

Employee, Partner or Both? Recent Developments Help You Decide

by Royer Advisors | Dec 11, 2024 | Business Plans, Court Rulings, IRS Regulation, Tax Planning, Tax Preparation

If you are an employee, a partner, a partner who doesn’t know it, or a combination of these classifications, there may be serious tax implications. Here are some recent developments that you need to know if you participate in a business that’s operated as...
Court Decides Daubert Attack ‘Misses the Mark’

Court Decides Daubert Attack ‘Misses the Mark’

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

Deflecto, LLC v. Dundas Jafine Inc., 2015 U.S. Dist. LEXIS 149447 (Nov. 4, 2015) A Daubert attack in which the challenger threw every possible objection at the plaintiff expert’s damages testimony fizzled. The opponent claimed the expert revealed a lack of...
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Recent Posts

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  • 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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