Hello
Happy Holidays! And welcome to the fifth issue of Valuation and Litigation Insights. Our mission is to bring hand-picked content intended to make your life a little easier and to help you help your clients make better decisions and get the results they deserve.
If you read the last issue, welcome back. If you are new, welcome aboard!
In this issue, we review how the COVID-19 environment is likely to increase litigation over business values. We also share "top 10 lists" of key problems to look out for both in valuation reports and in court testimony. Finally, we explore business valuation expert depositions -- both from the attorney's perspective and from the expert's point of view.
Valuation and Litigation Insights
News and Trends
Valuation Uncertainty Could Prompt Increased Litigation - Law360
Two key elements of business valuations include financial forecasts and discount rates. The current COVID-19 pandemic has heightened uncertainty as it relates to both of these critical inputs. The attached article illustrates how disagreements in litigation regarding these inputs are likely to be far higher in the COVID-19 environment, leading to increased litigation regarding business valuations.
law360.com
Litigation, Professional Perspective - Securities Litigation Trends During Covid-19
Securities litigation has been relatively limited since the onset of the COVID-19 pandemic. However, this trend seems to be changing, as shareholder litigation is on the rise. This article examines current securities litigation uniquely associated with the pandemic, predicts litigation risks and trends going forward, and offers a summary of best practices for avoiding them.
bloomberglaw.com
Things to Know
Defense Strategies Against Business Valuation Tactics - Legal Talk Network
What are the ways an attorney can defend or attack valuation testimony? This interview explores areas that should be probed when addressing an expert valuation opinon.
legaltalknetwork.com
10 Ideas for Giving Effective Expert Depositions | Chris Mercer
What are some valuation deposition tips -- from the expert's side? Business valuation Chris Mercer provides his perspective.
chrismercer.net
Tools and Tips
10 Signs of Trouble with a Valuation Expert | Business Valuation Resources
Your business valuation expert is on the witness stand. What are some "red flags" that might turn a judge off? The link below summarizes a recent panel discussion during which four judges shared their views of when they detect potential problems with testifying appraisers.
bvresources.com
10 Common Pitfalls When Reviewing Business Valuation Expert Opinions | Stout
What are key defects or errors to look for in a business valuation report? The attached article provides 10 key examples. Although the list is far from exhaustive, it provides a good starting point useful for either preparing an expert for upcoming testimony or setting up questions for cross-examination.
stout.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.
Talk to you soon!
Will Thomsen
Director of Valuation and Litigation Services
Grobstein Teeple, LLP
www.gtllp.com
Connect with me on Linkedin
Call me at 818-502-4950
Email me at wthomsen@gtllp.com