Alternative Dispute
Resolution
The judicial path to resolution commonly requires considerable
time, delays, and expense for attorneys and expert witnesses,
followed by a decision on the value by a judge/jury. This
uncertain process may not provide a satisfactory outcome.
Messrs Eggers and Laversin have considerable experience
in working with courts and mediators to effect settlement.
In one recent (July, 2005) mediation, 47 attorneys representing
seven (7) different viewpoints effected a settlement with
ABA assistance.
Case Assessment
We routinely work with counsel to assess the financial facts
in the case and suggest possible litigation or resolution
strategies.
Critique
of opposing expert's value / Appraisal Review
We routinely critique business appraisal reports prepared
by others. We can and do assist counsel in preparation for
cross-examination as well as providing formal Review Reports
in accordance with USPAP.
Damages
and lost profits
When plaintiff is damaged (caused economic
harm such as loss of profits, loss of wages and other damages
due to personal injury) we determine the economic loss suffered
by the injured party.
Discounts
and Premiums
Adjustments for differences in degree of marketability
(marketability discount) and control (minority interest discount)
as well as understanding the difference in levels of value
are a common area of dispute in both complex business litigation
and with the IRS.
We have experience in quantifying, documenting, and providing
a strong technical foundation for the following adjustments/discounts:
• Lack of Control (minority interest discounts)
• Lack of Marketability (for controlling and non-controlling
interests)
• Discounts for differences in voting rights
• Key person discounts
• Trapped in capital gain discounts
• Blockage discounts
• Discounts from net asset value for holding companies
(family limited partnerships and other
pass through entities)
Our experience includes technical presentations on the combined
discount (both marketability and minority interest) presented
and included in family limited partnerships valuations to
the national conference of the Institute of Business Appraisers
Dissenting
Shareholder and Partnership matters
We work with counsel to assist in the determination of value
of the subject interest including the proper standard of value
(fair market value, fair value, investment value) applicable
to the specific case.
Expert
Testimony
Providing expert testimony for values and findings associated
with our work.
Forensic
Accounting and Litigation Support Services
Determination & presentation of financial
facts in legal proceedings. Projects include:
• Fraud
• Income and Asset Tracing
• Royalty Audits
Marital
Dissolutions & Family Law
Valuation of community-owned businesses &
professional practices. Expertise in forensic examination
and consulting services.
Messrs Eggers and Laversin have extensive experience in Family
Law and Marital Dissolution issues as in the following:
• Marital Standard of Living
• Income and Cash flow Available for Support
• Income/Asset Tracing
• Division of Community Property
• Calculation of Epstein and Watts Credits
• Identification of Separate Property Assets
• Division of Employee Stock Options
• Moore Marsden Calculations
Partnership
Disputes
Buyouts under the Uniform Partnership Code
for withdrawals.
Rebuttal
testimony
When appropriate, provide rebuttal testimony of opposing expert’s
values and findings.
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