Hello
Welcome to Issue #17 of Valuation and Litigation Insights! We bring you hand-picked content related to business valuation and litigation intended to help you and your clients get better results.
We are a month into the new year. I hope it is off to a good start for you.
Like so many across the country, my family was visited by covid a few weeks ago. Everyone is better now, but it was rough for a while. Please stay safe!
We start the issue with general predictions for the new year. What’s in store? The writers at Visual Capitalist provide an excellent roundup.
When a buy-sell agreement is drafted poorly, bad things can happen. We share a recent court case that provides an example.
The best analysis in the world does no good if it cannot be effectively explained. We share an article that provides tips on keeping an audience engaged when explaining complex concepts.
What questions can an attorney ask when cross-examining an expert using transactions as a basis for a valuation? Here are some ideas.
Determining when to hire a valuation expert can be a balancing act. This article discusses the benefits -– some unexpected –- of retaining an expert early.
Time to jump in. Hope you enjoy this newsletter and find it useful!
News and Trends
Visual Capitalist -- What's In Store for 2022?
Visual Capitalist sifted through hundreds of reports, interviews, and articles to see which predictions for 2022 are generally the most agreed upon. Their bingo card sums up the top 25, while the article that follows digs further into some of the trends that could shape 2022.
New Case Points up Valuation Perils in Buy-Sell Agreements
From a valuation standpoint, the lack of a buy-sell agreement—or one with a valuation provision that’s poorly drafted—can result in costly litigation and a painful falling out between business partners and/or family members. A recent case highlights what happens when a buy-sell (this one with a fixed-value clause) results in negative consequences.
Things to Know
Getting More Value from Your Damages Expert
Retaining a damages expert early on in a case and throughout each phase of a business dispute likely means more cost to the client. But it also can result in significant benefits. This article describes how early expert retention can make a difference, and when it might make sense to use the expert in more than just report preparation and testimony.
Tools and Tips
Helping the Client Understand Technical Terms
Technical jargon can be an real obstacle to connecting with an audience.
How can an expert keep the client's eyes from from -- yawn -- glazing over?
The use of metaphors and similes can be a powerful way to get concepts across in an understandable way.
This article provides useful insights and examples -- useful for expert and client alike.
Cross-Examination of the Transactions Method of Valuation
What can you ask an expert if you want to poke holes in a valuation based on comparable transactions? This article presents two examples of cross-examination questions to potentially use. This is also useful for valuation experts and attorneys seeking to defend them.
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
William W. Thomsen
Director of Valuation and Litigation Services
Grobstein Teeple, LLP
www.gtllp.com
Call me at 818-502-4950