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Chancery Relies on ‘Simple and Powerful’ DCF for Fair Value

Chancery Relies on ‘Simple and Powerful’ DCF for Fair Value

by Royer Advisors | Dec 11, 2024 | Valuations

In re ISN Software Corp. Appraisal Litig., 2016 Del. Ch. LEXIS 125 (Aug. 11, 2016) A recent request for statutory appraisal prompted a familiar lament from the Delaware Court of Chancery about the questionable reliability of expert valuations. Three experts presented...
Tax Court Corrects Prior Valuation of LP Interest to Startling Result

Tax Court Corrects Prior Valuation of LP Interest to Startling Result

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

Estate of Giustina v. Commissioner, 2016 Tax Ct. Memo LEXIS 113 (June 13, 2016) (Giustina III) In an estate tax dispute that has lasted for over five years, the Tax Court revalued the decedent’s minority interest in an Oregon family business by order of the 9th...
Spouse’s Unilateral Stock Agreement Sets Value in Divorce Action

Spouse’s Unilateral Stock Agreement Sets Value in Divorce Action

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

Baumbouree v. Baumbouree, 2016 La. App. LEXIS 1388 (July 13, 2016). In a Louisiana divorce case, the trial court applied the value stated in a stock agreement the physician owner-spouse had entered into with his firm in the context of partition. In her appeal, the...
Debtors’ Balance Sheet Not Reliable Indicator of Assets’ Market Value

Debtors’ Balance Sheet Not Reliable Indicator of Assets’ Market Value

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

In re Sunedison, Inc., 2016 Bankr. LEXIS 2959 (Aug. 11, 2016). When a company declares bankruptcy, investors often question the accuracy of post-petition valuations offered by other stakeholders. But, as a recent ruling in a major bankruptcy case shows, investors...
Chancery Achieves Fair Value by Blending Three ‘Imperfect Techniques’

Chancery Achieves Fair Value by Blending Three ‘Imperfect Techniques’

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

In re DFC Global Corp., 2016 Del. Ch. LEXIS 103 (July 8, 2016) A recent fair value decision from the Delaware Court of Chancery turned on the idea of uncertainty. Impending regulatory changes in key markets made it hard to predict the company’s future performance....
Court Digs Through Appreciation Issues in Complex Divorce Case

Court Digs Through Appreciation Issues in Complex Divorce Case

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

Kminek-Nierenberg v. Kenneth Nierenberg, 2016 N.J. Super. Unpub. LEXIS 2015 (Sept. 8, 2016) A complex New Jersey divorce litigation with multiple defendants and several family businesses illustrates the challenges appraisers and the trial court faced in determining...
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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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