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 Greg Barber following publication of his intriguing article in the NY State Bar Association Journal on the hot topic of marketability discounts in statutory fair-value proceedings.
Continue Reading Marketability Discount Revisited: Interview With Greg Barber
The Business Divorce Roundtable podcast now features Part Two of my interview of Chris Mercer on the controversial marketability discount in statutory fair value proceedings. Give it a listen!
Continue Reading Chris Mercer on Marketability Discount: Part 2 of Podcast Interview
This week’s New York Business Divorce announces the birth of its audio cousin, the Business Divorce Roundtable podcast, an interview-format podcast featuring discussions with top experts on timely business divorce topics including, for its premiere episode, an interview with leading business appraiser Chris Mercer.
Continue Reading Announcing the Business Divorce Roundtable Podcast
A minority partner paid a heavy price for wrongfully dissolving the partnership in an appellate ruling last week applying a 66% minority discount — along with marketability and goodwill discounts and offsets for damages — to the value of the partner’s interest. It’s in this week’s New York Business Divorce.
Continue Reading Partner Who Wrongfully Dissolved Partnership Hit With Whopping 66% Minority Discount
This week’s New York Business Divorce traces New York’s endorsement of the marketability discount in fair value proceedings to its first application in 1982 by a court-appointed Referee named Sam Tripp — my grandfather!
Continue Reading The Birthing of New York’s Marketability Discount in Fair Value Cases: A Family Affair
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”
Do New York courts in fair value proceedings unfairly apply a marketability discount at the shareholder level? The author of a recently published article thinks so, as you’ll learn in this week’s New York Business Divorce.
Continue Reading The DLOM Debate Heats Up
In a prior, reported decision involving Company A, the judge applied a 25% marketability discount. Can that decision be used to support a 25% discount in valuing unrelated Company B? Get the answer in this week’s New York Business Divorce.
Continue Reading Should Business Appraisers Rely on Case Precedent for Discounts?
A Brooklyn appellate panel last week provided more fodder for the DLOM debate that’s been in the legal news of late, upholding a 0% DLOM in a fair value appraisal of a membership interest in a real estate holding company. It’s featured in this week’s New York Business Divorce.
Continue Reading Appellate Court Upholds 0% Marketability Discount in LLC Fair Value Case