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THE JUDGE WOULDN’T IGNORE THIS “ROUNDING ERROR”

June 2017 | Issue 86 Background Constellis Group,  Inc. is a private security firm.  In December 2013, the Company formed an Employee Stock Ownership Plan (“ESOP”), which purchased 100% of Constellis’s voting stock.  Wilmington Trust NA was named Trustee of the ESOP.  Less than a year after the ESOP was created, the ESOP sold all […] More...

NEW JERSEY COURT USES VALUATION DISCOUNT TO PUNISH “BAD BOY”

March 2017 | Issue 85 Introduction Richard and Steven Parker are brothers who ran a flower business in Scotch Plains, New Jersey.  Richard is the President of Parker Interior Plantscapes (“PIP”), which installs and services plants and flowers in commercial settings.  Steven is the President of Parker Wholesale Florists (“PWF”), which is a garden center.  […] More...

Dell Appraisal Spawns a Multitude of Valuation Approaches

February 2017 | Issue 84 Introduction A Delaware Chancery appraisal case involving computer company Dell Inc. gave rise to a multitude of valuation measurements.  It is instructive to see how the court sorted through them in coming up with its final appraisal conclusion.  The case is In re Appraisal of Dell Inc., 2016 Del. Ch. LEXIS […] More...

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Shareholder Transactions Valuations

Shareholder transaction valuations arise from a number of situations.  A common one is when a company undertakes a buyout of minority shareholders through a squeeze out merger or a reverse stock split.  In most states, if the minority shareholder believes the transaction price to be unfair, he can initiate a court procedure known as an appraisal action.  We have considerable experience in this area, including expert testimony on valuation.

Shareholders also come to us for valuation advice when they are trying to negotiate a consensual buyout of a shareholder, such as a retiring family member.  In such situations, we can act as valuation advisor to one party, or serve as a jointly-retained appraiser.