Z. Christopher Mercer, FASA, CFA, ABAR, Founder and CEO of Mercer Capital will present “An Overview of Three Vexing Valuation Issues” at the Florida Bar Family Law Section Out-of-State Retreat in Nashville, TN (October 19, 2018). The vexing valuation issues addressed are:
- Active vs. Passive Appreciation. This is an important issue in divorce litigation in numerous jurisdictions and there is no clear judicial interpretive law on the issue. Chris covers the distinction between active and passive appreciation from the viewpoint of an owner-manager-divorcing spouse, both in terms of the appreciation in value during the marriage as well as the active role of other partners and working owners to the active appreciation of an owner-manager-divorcing spouse.
- How to Testify About Discount Rates with Credibility. This section of the presentation follows the development of a discount rate and review how one expert places its development into perspective by reference to relevant markets.
- Personal Goodwill vs. Enterprise Goodwill in Florida. Time constraints require that this be a brief overview of this complex issue, where case law is not clear on appropriate treatment. However, the discussion will be framed based on testimony in a very recent Florida case where this issue was at the forefront of the debate between the opposing appraisers and counsel.
Chris began his valuation career in the late 1970s. He has prepared, overseen, or contributed to hundreds of valuations for purposes related to tax, ESOPs, buy-sell agreements, and litigation, among others. Chris has extensive experience in litigation engagements including statutory fair value, divorce, and numerous other matters where valuation issues are in question.
