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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. …
Continue Reading Summer Shorts: Partnership Appraisal and Other Recent Decisions of Interest

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.
Continue Reading Basics of Valuation Proceedings – Litigating an Appraisal from Start to Finish – Part 2

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.
Continue Reading Basics of Valuation Proceedings – Litigating an Appraisal from Start to Finish – Part 1

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.
Continue Reading Confessions of a Business Appraiser: A Conversation with Chris Mercer

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%. …
Continue Reading Appraisers’ Valuations Are Light-Years Apart, But Does That Make Them Hired Guns?

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 evaluator Jaime d’Almeida on the important subject of forensic analyses in valuation.
Continue Reading Forensic Analyses in Valuation: Interview With Jaime d’Almeida of Duff & Phelps

Justice Saliann Scarpulla’s recent decision in MFB Realty LLC v Eichner highlights statutory and contractual restrictions surrounding the scope of the rights transferred when LLC interests are assigned. Learn more in this week’s New York Business Divorce.
Continue Reading Operating Agreement’s Two-Step Consent Provision Foils Assignment of LLC Member Interest

Justice Alan Scheinkman’s highly detailed, 33-page decision last week in Verghetta v Lawlor, valuing a minority interest in two LLCs that own and operate Planet Fitness health clubs, is must reading for lawyers and business appraisers who handle fair value contests. Learn more in this week’s New York Business Divorce.
Continue Reading Threading the Fair-Value Needle: Court Finds Major Flaws in Both Sides’ Appraisals in Arriving at Its Own Value

For the second week in a row, New York Business Divorce examines the always controversial discount for lack of marketability in fair value contests, this time focusing on a recent New Jersey appellate decision applying a 25% DLOM despite strong evidence of liquidity. …
Continue Reading Court Applies 25% Marketability Discount Despite “Strong Indicators of Liquidity”

The LLC Institute, the New York Law Journal, and the American Institute of CPAs are all sponsoring upcoming continuing education programs of great interest to business divorce professionals, at two of which I’ll be a panel member. Get the details in this week’s New York Business Divorce. …
Continue Reading Don’t Miss These Upcoming Programs on LLCs and Business Valuation