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
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
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
The Zelouf case returns to the spotlight in this week’s New York Business Divorce, occasioned by Justice Shirley Kornreich’s decision last month denying a motion to reargue the court’s refusal to apply a marketability discount in valuing the shares of a dissenting minority shareholder of a family-owned business.
Continue Reading Court’s Rejection of Marketability Discount in Zelouf Case Guided by Fairness, Not “Formalistic and Buzzwordy Principles”
In the second of two posts on the recent post-trial decision in Chiu v. Chiu, involving the disputed ownership of a single-asset real estate holding company, this week’s New York Business Divorce focuses on the court’s rejection of a discount for lack of marketability in determining the fair value of the withdrawing member’s 10% interest.
Continue Reading Court Rejects Marketability Discount in LLC Fair Value Case
The discount for lack of marketability is a fixture in New York fair value jurisprudence as a result of almost 30 years of case law starting with Matter of Blake. Some prominent voices in the business valuation field are challenging the doctrine as wrong in theory and bereft of empirical support. Learn more in this week’s New York Business Divorce.
Continue Reading The Marketability Discount in Fair Value Proceedings: An Emperor Without Clothes?