A Case Study, Part 1 of 2 In the Till decision, the U.S. Supreme Court selected the Formula Approach to provide a straightforward, familiar, and objective method for determining the cramdown interest rate to be paid on secured claims in Chapter 13 cases, minimizing the need for potentially costly additional evidentiary proceedings. Many bankruptcy courts have found this decision instructive and directive fo ...

Valuators Take Note Fair market value is key to compliance with both the Stark Law and the Anti-Kickback Statue. Solid, well-reasoned valuations can be essential in establishing compliant arrangements, and these must consider practice losses as applicable. In this article, Lynn Gordon, Esq., states that it is “prudent to have a valuation in place that supports compensation as fair market value,” especially ...

Restrictions on Distributions and Impact on DLOM…Who Else Will Follow? In 2009 Nevada Senate Bill 350 was passed into law. This law authorized the creation of two new business entities: the Restricted LLC and Restricted LP. The bill also allowed for the conversion of existing entities into one of the above types. In this article, Eric J. Barr provides an overview of these two entities and raises questions r ...

Thoughts on How Valuation Professionals Can Recognize and Quantify the Value of Strategy What is strategic planning? How does a valuation professional adding value to the client recognize strategic planning? Quantify strategic planning? Michael Porter observes that the whole subject of strategy has become too confusing. It seems that everything is strategic; otherwise, it is not really that important. We ha ...

How to Implement Value Pricing in Your Firm, Part 3 In this third article of the three-part series, Ronald Baker discusses how to implement a value pricing model and the advantages this model presents over the hourly billing model. Again, the focus is on the value provided to the customer and communicating this to clients. Read Part 1 and Part 2. ...

The Art of Licensing Your Trademark What is the value of a name? A trademark? In this article, the authors discuss the traditional valuation approaches and their limitations deriving the fair market value of the trade name. ...

How to Implement Value Pricing in Your Firm In this second article of the three-part series, Ronald J. Baker challenges professionals to move from value billing to value pricing. Value pricing inverts the hourly billing model by recognizing the economic facts that it is the customer who is the ultimate arbiter of value. If value is created, the customer understands that cost is secondary. ...

Fifth Circuit Affirms District Court and $83 Million in Unpaid Taxes and Interest Owed by Donees The Fifth Circuit recently affirmed the district court’s decision and the imposition of unpaid taxes and interest on donees of shares sold at less than fair market value to the company owed by relatives of the donor. As Joe Brophy explains, this case illustrates the pitfalls of deathbed planning involving asset ...

In this article, Robert Cimasi and Matthew Wagner provide a roadmap of the valuation and legal issues valuation professionals confront valuing a medical practice that also provides ancillary and technical component (ASTC) services. The fact that the ASTC services are often integrated with the professional services of a practice does not restrict the ASTC service line from having value separate and aside fro ...

In this first of a three-part article, Ronald Baker challenges professionals to rethink how they market and price professional services. He reminds us that “[c]ustomers buy value, not hours.” Many practitioners and firms are locked into the current pricing myopia of hourly billing, which prevents professionals from getting paid what their customers believe they are worth. In this first article, Mr. Baker of ...

At some point in a business valuation analyst’s career, an attorney or pro se party will call asking for a business valuation and perhaps even to retain your services. A good starting point is Business Valuation in Divorce: Case Law Compendium, 2nd ed. This edition is 584 pages long and provides a comprehensive court case digest that emphasizes similarities and differences in the treatment of goodwill (prof ...

An Interview with Nancy J. Fannon and Jonathan M. Dunitz Nancy J. Fannon and Jonathan M. Dunitz co-edited The Comprehensive Guide to Lost Profits and Other Commercial Damages. In this interview, Fannon and Dunitz discuss the new edition and share their insights into the practice of lost profits and damages. ...

Issues in Hedge Fund Valuations The proliferation of hedge funds presents an opportunity for valuation analysts. In this article, the author provides an overview of the hedge fund industry, compares the manner in which hedge funds operate vis-à-vis private equity and venture capital, and outlines the opportunities and challenges for valuation analysts interested in serving this market sector. ...

How the Trademark Trial and Appeal Board’s Cancellation of a Historic Mark Impacts Brand Value and the NFL On June 18, 2014, the Trademark Trial and Appeal Board canceled the federal registration for six Redskins trademarks. In this article, the authors discuss the impact that the cancellation of the trademark may have on the brand, NFL’s revenue sharing, and the value of the Redskins franchise. The authors ...

Recognizing Hindsight and Projection Bias How can one expert opine that the company is insolvent and another expert—viewing the same financial statement—opine that the company is solvent? In this article, Michael Vitti answers this question and provides an overview of what is considered a preference and a fraudulent transfer. ...

So, You Want to Become a Venture Capitalist? In this article, Edward Mofrad shares his views on what it takes to become a successful venture capitalist. ...

In Chapter 11 Bankruptcies, Part 2 Financial experts may be called on to provide a number of services in Chapter 11 bankruptcy cases. Common among these services is the analysis of the interest rate to be paid on secured claims, the valuing of the bankrupt business or a portion of the bankrupt estate, and the creation or analysis of cash flow projections to assist in determining the feasibility of the reorg ...

Insights from the Analysis of Mega Transactions By scrutinizing data from large transactions, valuation experts can glean important information and insights into current healthcare valuations. In this article, Collin McDermott and Bridget Triepke summarize SEC filings, review the implied valuation of large healthcare mergers—based on the purchase price—and provide a detailed review of the fairness opinions ...

In Chapter 11 Bankruptcies, Part 1 of 2 Financial experts may be called on to provide a number of services in Chapter 11 bankruptcy cases. Common among these services is the analysis of the interest rate to be paid on secured claims, the valuing of the bankrupt business or a portion of the bankrupt estate, and the creation or analysis of cash flow projections to assist in determining the feasibility of the ...

Never Mutually Exclusive Strategy has many meanings. Implementing a strategy that adds shareholder value and factors in changing market dynamics is the best strategy. In this article, Carl Sheeler shares his views on “trusted advisors” and how these trusted advisors often do not have the depth or experience to assist clients in devising a strategy that will increase shareholder value. The article suggests t ...