Welcome to Defensible Business
Valuations™ the quarterly newsletter of Shannon Pratt Business Valuations, Inc. Each
issue contains articles related to business valuation, including recent court
cases, advice for working with business valuation professionals, appraisal
methods, and more. Some of these articles have been authored by Dr. Shannon
Pratt, one of the country's leading business appraisers and experts.
For your convenience, we have archived past newsletter issues by year and
quarter. You will need Adobe Reader version 7 or higher to read the newsletter,
which is in .PDF format. If you do not have Reader, please visit
http://www.adobe.com/products/acrobat/readstep2.html to download the latest
free version of Adobe ReaderClick on the links below to access the
current issue or the archived issues of our quarterly newsletter -
Defensible Business Valuations™.
Current Issue -
Spring 2008 Issue
This issue of Shannon Pratt Valuations' Defensible
Business Valuations™ includes articles on using business appraisers and
solvency opinions to bring or defend against fraudulent transfer claims in
bankruptcy; the SEC's new Rule 2290, which requires increased disclosure of
information related to fairness opinions; a discussion of multiple business
valuation standards and credentials; a summary of a study finding that
Daubert evidentiary challenges of financial experts are increasing rapidly;
and an abstract of a case that rejected an absolute prohibition on using
discounts for lack of marketability in marital dissolution cases.
Winter 2008 Issue
This issue of Shannon Pratt
Business Valuations' Defensible Business Valuation™ focuses on discovery and evidentiary
issues in business valuation litigation. Included are articles on the impact of
the new federal civil procedure rules on e-discovery and experts; discovery of
draft valuation reports; and a post-trial Daubert challenge to a lost profits
expert and award.
Fall 2007 Issue
This issue of Shannon Pratt Business Valuations' Defensible
Business Valuations includes articles on how to leverage your business
appraiser during discovery to refute the opposition; recent case law determining
that fair value is not the standard of value in a shareholder dispute; the
circumstances under which it is a breach of an ESOP trustee's fiduciary duty to
not apply a discount for lack of marketability when determining a redemption
price; and a checklist ESOP trustees can use to ensure that appraisal reports
meet guidelines for accuracy and thoroughness.
Winter 2007 Issue
This issue of
Defensible Valuations™ focuses on buy-sell agreements and provides advice
on how to effectively use business appraisers when drafting buy-sell and
arbitration agreements-before there is any litigation - as well as a checklist
for addressing the thorniest valuation issues in buy-sell agreements. The
issue also reviews what to know about intangible asset valuation before heading
to court and presents a recent valuation case where the winning expert paid
particular attention to intangible assets.
Fall 2006 Issue
This issue includes hands-on practical
articles such as: Getting the Most Benefit from Your Business Appraiser;
Avoid Valuation Traps in Court; Bullet-Proofing Your Business Valuation
Reports.
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