Litigation & Dispute Resolution

August 3, 2020

Cautionary Tales of Valuation Adjustments in Litigation

Valuations of a closely held business in the context of litigation such as in a contentious divorce, shareholder dispute, damages matter or other litigated corporate matter can be multifaceted and may require additional forensic investigative scrutiny. As such, it is important to consider the potential forensic implications of valuation adjustments as they may lead to other analyses. For example, in a divorce business appraisal, a valuation adjustment for discretionary (personal) expenses may, in turn, provide an implied “true income” and pay ability of a spouse. This is but one example - this session addresses other examples you will likely face.

Presented at the NACVA 2020 Business Valuation and Financial Litigation Virtual Super Conference.

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A Financial Perspective and Overview of Marital vs. Separate Property in Divorce-Part 3
A Financial Perspective and Overview of Marital vs. Separate Property in Divorce

Part 3: Illustrative Examples

Part 3 applies these concepts through two examples which are hypothetical and simplified to illustrate the financial analysis that an expert may perform. The examples do not determine whether an asset or change in value is marital or separate. The applicable law, relevant dates, and facts of each matter govern counsel in that determination.
A Financial Perspective and Overview of Marital vs. Separate Property in Divorce-Part 2
A Financial Perspective and Overview of Marital vs. Separate Property in Divorce

Part 2: Valuation, Financial, and Forensic Considerations

In Part 1, we discussed the general distinction between marital and separate property. Part 2 takes a closer look at the valuation, financial, and forensic issues that can complicate the analysis of marital vs. separate property: tracing assets over time, evaluating commingling or potential transmutation, identifying liabilities, and analyzing changes in value. The relevance and treatment of these issues vary depending on jurisdiction and the applicable legal framework.
WEBINAR: Buy-Sell Agreements: Designing Valuation Processes
WEBINAR REPLAY: Buy-Sell Agreements: Designing Valuation Processes
The program examines the purpose of buy-sell agreements, key valuation provisions, formula-based and appraisal-based pricing methods, and alternative appraiser structures. It also addresses practical considerations for implementing and updating the valuation process, including timing, costs, funding terms, and appraiser continuity.

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