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Chancery Gives High Marks to Financial Advisor’s Merger Work

Chancery Gives High Marks to Financial Advisor’s Merger Work

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

In re Dole Food Co., 2015 Del. Ch. LEXIS 223 (Aug. 27, 2015) (Dole III) In sharp contrast to some of its earlier decisions reprimanding financial advisors for generating outcome-driven valuations, the Delaware Court of Chancery recently extolled the conduct of the...
Adjusted Merger Price Superior to Other Valuation Methods

Adjusted Merger Price Superior to Other Valuation Methods

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

LongPath Capital, LLC v. Ramtron International Corp., 2015 Del. Ch. LEXIS 177 (June 30, 2015) The Delaware Court of Chancery was a hive of activity during summer 2015. In two months, the court issued a number of key valuation decisions—all long and deep. The following...
Court Infers Nature of Goodwill From Nature of Business

Court Infers Nature of Goodwill From Nature of Business

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

Rabe v. Rabe, 2015 Ky. App. Unpub. LEXIS 379 (May 29, 2015) An opinion in a divorce case from the Kentucky Court of Appeals, although unpublished, merits attention because it shows the court ruling on the nature of goodwill in a business valuation based merely on the...
Discovery Reveals Expert’s Lack of Independence

Discovery Reveals Expert’s Lack of Independence

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

TWC I, L.L.C. v. Damos, 2015 Iowa App. LEXIS 438 (May 20, 2015) It does not pay to fudge on an expert report. That’s the message from a court in a state statutory appraisal action in which discovery evidence cast doubt on the expert’s truthfulness and independence....
One Option to Finance a Business Sale

One Option to Finance a Business Sale

by Royer Advisors | Dec 11, 2024 | Business Plans, Debt & Financing, Financial Planning, Valuations

Because of their advantageous tax-free treatment, structured settlements are typically associated with the payment of personal injury damages. However, some business purchases and buyouts can also benefit from structured settlements using annuity payments from an...
Discount for Lack of Marketability

Discount for Lack of Marketability

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

One of the most contentious issues in business valuation is the discount for lack of marketability (DLOM). Reasons include that the DLMO varies significantly, depending on the rights and restrictions attached to the business interest, and also because it can lower a...
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Recent Posts

  • U.S. Supreme Court Affirms Inclusion of Corporate-Owned Life Insurance in Value of Company for Estate Tax Purposes
  • 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

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