Articles From Brisbane Consulting Group
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.
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.
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.
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.
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.
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.
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.