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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...
A Closer Look at the Market Approach

A Closer Look at the Market Approach

by Royer Advisors | Dec 11, 2024 | Business Plans, Valuations

When valuing a business, there are three approaches: the cost, market and income approaches. In this article, we focus on the market approach, which the International Glossary of Business Valuation Terms defines as: A general way of determining a value indication of a...
‘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...
What Is the Correct Standard of Value in Divorce?

What Is the Correct Standard of Value in Divorce?

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

The specialty of business valuation is evolving, and one recent development is the emergence of investment value as the appropriate standard of value in some divorce cases, rather than fair market value. This trend is important to monitor to ensure your valuation...
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...
Tax Court Explains Valuation Method Behind Solvency Ruling

Tax Court Explains Valuation Method Behind Solvency Ruling

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

Kardash v. Comm’r, 2015 Tax Ct. Memo LEXIS 198 (Oct. 6, 2015) (Kardash II) The Tax Court amended its prior ruling on transferee liability by determining that the taxpayer company was solvent a year longer than the court originally had found. In so doing, the court...
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Recent Posts

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  • 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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