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 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
UPCOMING WEBINAR: Buy-Sell Agreements: Designing Valuation Processes
The program will examine the purpose of buy-sell agreements, key valuation provisions, formula-based and appraisal-based pricing methods, and alternative appraiser structures. It will also address practical considerations for implementing and updating the valuation process, including timing, costs, funding terms, and appraiser continuity.
Mineral Aggregator Valuation Multiples Study Released-Data as of August 17, 2026
Mineral Aggregator Valuation Multiples Study Released

With Market Data as of August 17, 2026

Mercer Capital has thoughtfully analyzed the corporate and capital structures of the publicly traded mineral aggregators to derive meaningful indications of enterprise value. We have also calculated valuation multiples based on a variety of metrics, including distributions and reserves, as well as earnings and production on both a historical and forward-looking basis.

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