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Articles From Brisbane Consulting Group

Brisbane Consulting Group provides resources to assist you as you plan for your business and personal success. Articles published by our accountants, resources available through our affiliation with the BDO Alliance USA and our industry-specific newsletters are listed below.
Namerow v. PediatriCare Associates: When Was That Buyout Provision Last Updated?

Namerow v. PediatriCare Associates: When Was That Buyout Provision Last Updated?

Posted by Louis Cercone, Jr. on August 20, 2019

The buyout provision of an owners’ agreement must be carefully drafted and regularly reviewed. If it isn’t, the buyout may not be legally enforceable — or serve the owners’ current needs.

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Industry Experience is Key When Valuing Professional Practices

Industry Experience is Key When Valuing Professional Practices

Posted by William P. Allen on August 06, 2019

In litigation involving professional practices, many courts have recognized the importance of industry-specific valuation experience.

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Quality Counts in M&A Due Diligence - Consider Both Quantitative and Qualitative Assessments

Quality Counts in M&A Due Diligence - Consider Both Quantitative and Qualitative Assessments

Posted by Louis Cercone, Jr. on July 16, 2019

In mergers and acquisitions, the target company’s financial statements provide the numbers to support the selling price, but those quantitative results may not be sustainable.

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How to Value a Start-Up Business

How to Value a Start-Up Business

Posted by Douglas Sosnowski on July 02, 2019

Start-ups present valuation challenges because they often have limited earnings and cash flow. Business valuation experts must look to other factors, many of them subjective, to estimate value.

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West Plains, LLC v. Retzlaff Grain Co.: Loss-of-Value Damages Upheld Despite Survival of Business

West Plains, LLC v. Retzlaff Grain Co.: Loss-of-Value Damages Upheld Despite Survival of Business

Posted by Louis Cercone, Jr. on June 18, 2019

In commercial tort claims, courts must decide how much damage the plaintiff suffered from the defendant’s alleged wrongdoing. A recent Eighth U.S. Circuit Court of Appeals case upheld a jury’s damages award based on lost market value, even though the business wasn’t completely destroyed.

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Valuing Distressed Companies

Valuing Distressed Companies

Posted by William P. Allen on June 04, 2019

Struggling businesses face different financial challenges than healthy ones do. These differences factor into their estimations when valuing troubled companies.

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Close-Up on Goodwill in Divorce Cases

Close-Up on Goodwill in Divorce Cases

Posted by Douglas Sosnowski on May 21, 2019

When divorcing spouses own a private business interest, it complicates the settlement process. In general, the business needs to be valued and then included — either entirely or partially, depending on state law and legal precedent — in the marital estate.

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Beyond Georgia-Pacific: How Market Data can be Used to Calculate Reasonable Royalty Damages

Beyond Georgia-Pacific: How Market Data can be Used to Calculate Reasonable Royalty Damages

Posted by Louis Cercone, Jr. on May 07, 2019

In intellectual property infringement cases, business valuation experts often use the Georgia-Pacific model to determine reasonable royalty rates. There are 15 factors that are considered under this model, but there is a market-based alternative that has also been gaining momentum.

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How to Calculate Terminal Value

How to Calculate Terminal Value

Posted by William P. Allen on April 16, 2019

When using the discounted cash flow method to value a business, a large chunk of the value is contained in the “terminal” value.

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Verition Partners Master Fund Ltd. v. Aruba Networks, Inc. - Court Turns to Stock Price as Best Evidence of Fair Value

Verition Partners Master Fund Ltd. v. Aruba Networks, Inc. - Court Turns to Stock Price as Best Evidence of Fair Value

Posted by Louis Cercone, Jr. on April 02, 2019

In recent years, Delaware’s Supreme Court has shown its preference, under the right circumstances, for market-based indicators of value in statutory appraisal cases.

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