Hello
Welcome to the eleventh issue of Valuation and Litigation Insights! My goal is to bring you hand-picked content related to business valuation and litigation that will make your life easier and help your clients get the results they deserve.
Hard to believe summer is nearly over. Kids are going back to school, Halloween candy is showing up on store aisles, and the ads for Pumpkin Spice Fill-in-the-Blank are popping up online. I hope you can take the time to enjoy the current season!
Measuring damages in a shareholder dispute is challenging, but even more so when COVID-19 needs to be considered. Two factors that can turn a damage opinion -- date of value and projections -- take on an even greater importance during the current uncertain environment.
You may have encountered one of those "no holds barred" rebuttal reports that seek to totally discredit your expert. We share an article that provides ways of dealing with this.
There are plenty of "best practices" for an expert witness. But what are a few things that they absolutely should not do? This article provides a list of "don'ts" that experts and those that retain them should know about.
Finally, we look at whether it is better to exclude a less-than-perfect market-based valuation method or to keep it in, warts and all. The answer might surprise you.
Hope you enjoy this issue and find it useful!
Valuation and Litigation Insights
News and Trends
Measuring Valuation Damages for Breach of Fiduciary Duty Claims in Shareholder Disputes During the COVID-19 Pandemic
Two key factors in determining valuation damages in a shareholder dispute are the selection of the date of valuation and reliability of the financial forecast.
These factors are even more critical when considering the COVID-19 pandemic.
This article explains why.
ankura.com
Things to Know
The Unimpeachable Rebuttal
How should a valuation expert respond when an opposing report goes for the jugular in attacking credibility?
This humorous article provides ways for an expert to respond to various attacks while maintaining neutrality.
This is a good read when encountering a less-than-civil rebuttal.
quickreadbuzz.com
How to Fail When Testifying as an Expert
What behaviors should an economic expert avoid in court or deposition?
Here's a list of nine "no-nos."
hhcpa.com
Should the Market Approach be Excluded?
Is a "bad" market approach to value better than no market approach at all?
For example, should an appraiser omit the market approach altogether if the comps are not great?
Doing so may do more harm than good.
This article explains why.
quickreadbuzz.com
In Closing
That's it for now. If you found this issue of Valuation and Litigation Insights useful, please forward it to a friend or colleague.
And if you have a valuation or damages-related issue you would like to discuss, you can reach me one of the ways below.
Talk to you soon!
Will
Will Thomsen
Director of Valuation and Litigation Services
Grobstein Teeple, LLP
www.gtllp.com
Call me at 818-502-4950
Email me at wthomsen@gtllp.com
Valuation and Litigation Insights