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Expert’s Best-Effort Medical Practice Valuation Holds Up on Appeal

Expert’s Best-Effort Medical Practice Valuation Holds Up on Appeal

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

Ramundo v. Ramundo, 2017 N.J. Super. Unpub. LEXIS 443 (Feb. 24, 2017) A New Jersey divorce case revolving around the valuation of a chiropractic practice is a good example of how a skilled valuation expert may produce a credible, if incomplete, appraisal when denied...
Chancery Says Solid Sales Process Lends Credibility to Deal Price

Chancery Says Solid Sales Process Lends Credibility to Deal Price

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

Merion Capital L.P. v. Lender Processing Servs., 2016 Del. Ch. LEXIS 189 (Dec. 16, 2016) The adage is that the Delaware Court of Chancery has a bias toward the discounted cash flow analysis when determining fair value in statutory appraisal actions. Yet, in the past...
Valuation Issues to Address in a Buy-Sell Agreement

Valuation Issues to Address in a Buy-Sell Agreement

by Royer Advisors | Dec 11, 2024 | Financial Planning, Valuations

Buy-sell agreements protect businesses with multiple owners in the event that one of the owners dies, becomes disabled, or voluntarily decides to leave the company. The agreement should dictate who can buy the departing owner’s interest, when, how and for how...
Court Dismisses S Corp Tax Argument in Fair Value Buyout

Court Dismisses S Corp Tax Argument in Fair Value Buyout

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

Matter of Digeser v. Flach A New York statutory fair value decision involving a construction company highlighted key differences in the experts’ income-based valuations. The parties’ appraisers disagreed over the applicable earnings period, normalization for...
ESOP Trustee’s ‘Passive and Blind’ Adoption of Valuation Spells Liability

ESOP Trustee’s ‘Passive and Blind’ Adoption of Valuation Spells Liability

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

Perez v. First Bankers Trust Services, Inc. Close on the heels of the Brundle case, in which the court ruled the ESOP trustee was liable for a $28 million overpayment, comes a second decision finding trustee liability. In tandem, these cases drive home the point that...
Federal Circuit Discusses Rationale Behind Different Measures of Damages

Federal Circuit Discusses Rationale Behind Different Measures of Damages

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

Danmark v. CMI USA, Inc., 2016 U.S. App. LEXIS 21672 (Dec. 6, 2016) In a reasonable royalty analysis, how much emphasis may an expert place on the patent holder’s profit margin before the analysis becomes a lost profits calculation in disguise? In answering this...
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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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