Litigation & Dispute Resolution

May 13, 2015

Statutory Fair Value

Statutory “fair value” is the standard of value for valuation in the dissenters’ rights and shareholder oppression statutes of the majority of states. Disagreements over the applicability (or not) of certain valuation premiums or discounts provide the source of significant differences of opinion between counsel for dissenting shareholders and, unfortunately, between business appraisers. However, in this whitepaper on statutory fair value, we hope to outline sufficient valuation and finance theory so we can begin to examine cases, i.e., judicial interpretations of what fair value means. With the proper background, we will be able to understand and to interpret what the courts have said in the context of valuation theory.

This e-book consists of a series of posts originally published on the blog Valuation Speak between February 2011 and January 2012. 

Author
Z. Christopher Mercer
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A Financial Perspective and Overview of Marital vs. Separate Property in Divorce-Part 1
A Financial Perspective and Overview of Marital vs. Separate Property in Divorce

Part 1: Property Classification

When attorneys think about financial experts, they often think about reports, depositions, and trial testimony. Yet many of the valuable contributions a financial expert can make occur much earlier in the case. In matters involving valuation, income determination, or forensic accounting, earlier expert involvement may help counsel identify key financial issues, assist in discovery, evaluate settlement positions, among others.
Mercer Capital’s Kathryn Burke to Participate in the ABA’s 38th Annual Family Law Trial Advocacy Institute
Mercer Capital’s Kathryn Burke to Participate in the ABA’s 38th Annual Family Law Trial Advocacy Institute
Mercer Capital is pleased to announce that Kathryn Burke, CPA, ABV, will participate in the American Bar Association’s 38th Annual Family Law Trial Advocacy Institute, taking place July 17-25, 2026, at UMKC School of Law in Kansas City, Missouri. Burke will serve as a volunteer expert at the Institute and a leader of the “Using the Financial Expert to Prepare for Trial, Parts I and II” sessions.The ABA’s Family Law Trial Advocacy Institute is a hands-on trial training program focused on core courtroom skills, including opening statements, direct and cross-examination, exhibits, closing arguments, and trial preparation. The program also uses a fictional family law fact pattern and culminates in a mock trial experience.Ms. Burke has forensics and litigation support experience for marital dissolution, economic damages, shareholder disputes, and general litigation. As a member of Mercer Capital’s Litigation Support Practice Group, she is a contributor to the Family Law Valuation and Forensic Insights newsletter.In addition, she also has valuation experience in engagements related to corporate planning and reorganizations, financial reporting, fairness opinions, litigation support, employee stock ownership plans, mergers and acquisitions, and estate and gift tax planning and compliance matters.Prior to joining Mercer Capital, Ms. Burke was a Senior Consultant at FORVIS, LLP in their Forensics and Valuation Services practice. Mercer Capital regularly supports attorneys and clients with financial analysis in family law matters, including business valuation, income analysis, and forensic accounting. The firm is proud to support programs that help family law professionals strengthen the financial tools they bring to trial.Additional information about the event is available on the ABA website: https://events.americanbar.org/event/dc3698db-c62d-4104-b764-1f9013b8d31c/summary
Role Play: All the Different Roles That Experts Can Play
Role Play: All the Different Roles That Experts Can Play
When attorneys think about financial experts, they often think about reports, depositions, and trial testimony. Yet many of the valuable contributions a financial expert can make occur much earlier in the case. In matters involving valuation, income determination, or forensic accounting, earlier expert involvement may help counsel identify key financial issues, assist in discovery, evaluate settlement positions, among others.

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