Z. Christopher Mercer, FASA, CFA, ABAR will be speaking at the 2023 NYSSCPA Annual Business Valuation & Litigation Services Conference on May 15th, 2023 in New York, New York.
Chris’s session is titled “Statutory Fair Value in New York: Is a Marketability Discount Applicable?” and will review the most relevant New York statutory fair value case law with a focus on Friedman v. Beway. As Beway is the leading appellate-level decision addressing fair value, it raises these questions: “What does it say about the applicability of minority interest discounts?” and, importantly, “What does it say about the applicability of marketability discounts, or DLOMs?” Chris will review the results of statutory fair value cases since the 1980s and focus on their conclusions regarding marketability discounts.
Chris Mercer is the Chairman of Mercer Capital. He began his valuation career in the late 1970s and has testified in five statutory fair value trials in New York. He has prepared, overseen, or contributed to hundreds of valuations for purposes related to tax, ESOPs, buy-sell agreements, and litigation, among others. In addition, he has served on the boards of directors of several private companies and one public company. He enjoys working with business owners to address ownership transition issues.
Chris co-authored Business Valuation: An Integrated Theory, 3rd Edition (Wiley Finance, 2020) with Travis W. Harms, CFA, CPA/ABV. He is also the author of the well-referenced book Buy-Sell Agreements for Closely Held and Family Business Owners (Peabody Publishing LP, 2010), among other books.