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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Mercer Capital Professionals to Present at TSCPA’s 2026 Forensic and Valuation Services Conference
Mercer Capital Professionals to Present at TSCPA’s 2026 Forensic and Valuation Services Conference
Three Mercer Capital professionals will be featured speakers at the Tennessee Society of CPAs’ 2026 Forensic and Valuation Services Conference, taking place October 27-29, 2026, at TSCPA’s offices in Brentwood, Tennessee. Barbara Walters Price, Nikki McNeel, and David W. R. Harkins, CFA, CPA, ABV, CFF, will present consecutive sessions during the afternoon of Wednesday, October 28.Designed for CPAs working in forensic accounting, business valuation, and litigation support, the three-day conference will offer technical updates and practical guidance from professionals across the field.Barbara Price and Nikki McNeel will present “From Expertise to Opportunity: Marketing Strategies for Valuation Professionals.” Their session will explore how valuation professionals can communicate their expertise, create useful content, strengthen outreach, and market their skills alongside billable work. They will also discuss how AI is increasing the importance of credibility, judgment, and an authentic professional voice.David Harkins will follow with “The Art of Defining the Engagement: Turning Inquiries into Engagements.” His session will trace the process from the initial client conversation through the signed engagement letter, with practical guidance on gathering information, discussing fees and timelines, defining scope, managing expectations, and reducing scope creep.Barbara Walters Price serves as Chief Marketing Officer of Mercer Capital and is also a member of the firm’s Board of Directors. She leads the firm’s marketing strategy and oversees corporate communications, business development, digital strategy, and thought leadership initiatives. Price frequently speaks and writes about professional services marketing and leadership, particularly within the business valuation profession.Nikki McNeel is the Brand Manager at Mercer Capital, where she oversees the firm’s brand design and continuity across digital, web, and print platforms. She supports the firm’s broader marketing efforts, including website development, newsletters, social media, conferences, webinars, and corporate communications. McNeel also serves on Mercer Capital’s AI Committee, helping guide the firm’s evaluation and thoughtful implementation of artificial intelligence tools.David W. R. Harkins, CFA, CPA, ABV, CFF, is a Vice President at Mercer Capital and leads the firm’s Auto Dealership Industry team. He provides valuation and litigation support services for family law, commercial litigation, gift and estate tax planning, mergers and acquisitions, fairness and solvency opinions, and employee stock ownership plans. Harkins also publishes research in Mercer Capital’s Value Focus: Auto Dealer Industry newsletter and contributes regularly to the firm’s Auto Dealer Valuation Insights blog.For more information about the conference, visit the TSCPA conference website.
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.

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