The equitable accounting claim in business disputes has experienced a resurgence. This week’s post explores the recent developments reinforcing the potency of this once-fading legal remedy.
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Accountants/Experts
Misappropriated Watering Hole Becomes Money Judgment Sinkhole
In this week’s New York Business Divorce, read about an unusually brazen case of misappropriation of corporate opportunity culminating in a hefty judgment against the perpetrators, including punitive damages and an accounting surcharge.
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Challenges to Expert Appraisers in Valuation Proceedings
In business divorce litigation, the expert appraisers often are the key witnesses. A recent PwC Study analyzing the success of challenges to expert appraisers inspires a deeper dive into some keystone cases where courts excluded the expert testimony of an appraiser. …
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$30 Million Appraisal of Plumbing Fixtures “Marketeer” Goes Down the Drain at Fair Value Hearing
Was the company worth $30 million or $6 million? That was the question recently decided by Justice Vito M. DeStefano who presided over a 7-day fair-value appraisal hearing in Magarik v. Kraus USA, Inc. This week’s New York Business Divorce has the story.
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Basics of Valuation Proceedings – Litigating an Appraisal from Start to Finish – Part 3
Read about the accounting principles, methodologies, and standards that apply in business valuation proceedings in this week’s New York Business Divorce – the final installment of a three-part series.
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Summer Shorts: Partnership Appraisal and Other Recent Decisions of Interest
This 8th annual edition of Summer Shorts presents brief commentary on three decisions of interest in business divorce cases, including an appraisal contest involving a law firm partnership interest; a dispute whether a shareholder agreement was merely a profit-sharing agreement; and a challenge to federal court jurisdiction over a statutory dissolution claim. …
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Basics of Valuation Proceedings – Litigating an Appraisal from Start to Finish – Part 2
In this week’s New York Business Divorce – the second in a three-part series – learn about the legal rules and principles governing partnership, corporation, and limited liability company appraisal proceedings.
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Basics of Valuation Proceedings – Litigating an Appraisal from Start to Finish – Part 1
In this week’s New York Business Divorce – the first in a three-part series about the statutory triggers, legal rules, and accounting principles of business valuation proceedings – learn about the routes business owners can take to an appraisal proceeding.
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Confessions of a Business Appraiser: A Conversation with Chris Mercer
This week’s New York Business Divorce previews and links to the latest podcast episode of the Business Divorce Roundtable featuring an interview with business appraiser Chris Mercer in which he shares ten “confessions” about his experience testifying as an expert witness in business valuation cases.
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Appraisers’ Valuations Are Light-Years Apart, But Does That Make Them Hired Guns?
This week’s New York Business Divorce travels to the Land of 10,000 Lakes a/k/a Minnesota where a recent court decision in a high-stakes stock valuation case generated some fairly sharp criticism of the expert appraisers whose values differed by almost 400%. …
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