Appellate Court Affirms Use of the ‘Blue Sky Method,’ a Rule of Thumb, to Value a Minority Interest in an Oppression Case
Buckley v. Carlock This Tennessee decision was a case of shareholder oppression that had been appealed. The disposition of the appellate court in this matter was to affirm the decisions of the Chancery Court. The primary issue in this matter was whether the Chancery...
U.S. District Court Partially Denies Motion for Summary Judgment Regarding Qui Tam Case on Excess Purchase Price Under the False Claims Act
Kuzma v. N. Ariz. Healthcare Corp This was a case regarding a motion for summary judgment against the plaintiff, Gregory Kuzma, alleging violations of the False Claims Act (FCA) by the defendants, Northern Arizona Healthcare Corp. et al. (NAHC). NAHC acquired the...
The Tennessee Appeals Court Affirms the Trial Court’s Decision to Exclude From the Marital Estate Financial Advisor the Husband’s ‘Book of Business’
Hollis v. Hollis, 2022 Tenn. App. In this case, the Tennessee Court of Appeals affirmed the trial court's judgment that the husband’s “book of business” as a financial advisor for UBS was not a marital asset. “[T]he trial court properly identified and applied the most...
Watch Out for Scam Charities
Have you been contacted by a charity that pulls on your heartstrings and persuades you to open your wallet? There is a multitude of reputable charities doing good deeds and supporting worthy causes. But be aware of a proliferation of scam charities designed to...
Bankruptcy Court Sides With Trustee—Disallows (Fraudulent) Transfers
Stone v. Citizens Equity First Credit Union The trustee for the International Supply Co. (ISCO) asked the bankruptcy court to avoid and recover prepetition fraudulent transfers made to Citizens Equity First Credit Union (CEFCU). The bankruptcy court determined that...
North Carolina Appellate Court Reverses Trial Court on Amount of Passive Appreciation in an Investment Account
Asare v. Asare In this marital dissolution appellate case, the appellate court must resolve several issues related to the equitable distribution of the marital estate. On most issues, the appellate court affirmed the trial court. However, the appellate court reversed...
Virginia Divorce Matter Results in the Court ‘Splitting the Baby’ to Value a 20% Interest in an S Corp. Medical Practice the Husband Owned
Hester v. Hester, 2022 Va. Cir. Several issues were decided in this Virginia divorce case. Still, we focus on only two topics relevant to business valuation and equitable distribution: (1) the valuation of the husband’s 20% interest in an S corporation; and (2) the...
Pennsylvania Appellate Court Affirms Acceptance of the Wife’s Gross Sales Valuation Method for the Marital Business but Remands for Double Counting of Business Assets
Snyder v. Snyder In this Pennsylvania divorce case, the Superior (Appellate) Court affirmed the trial court’s decision to use the wife’s method of valuing a marital asset business after the master concluded that the wife’s testimony was credible and that her valuation...
Take a Proactive Approach to Thwart Cyber Attacks
The average cost of a data breach has risen to a record high, according to a new study by the independent research firm Ponemon Institute. The study found that the global average cost grew from $4.24 million per incident in 2021 to $4.35 million in 2022, an increase...
North Dakota Supreme Court Affirms Valuation Date and Affirms No Deduction for Taxes in Determining Value of Stock
Sproule v Johnson In a direct appeal from the district court in North Dakota to the Supreme Court in North Dakota, the Supreme Court affirmed the decision of the district court to dissolve a partnership; a buyout of the plaintiffs’ indirect interest in a Canadian...