Valuation Disputes

Whether in the context of a shareholder dispute, bankruptcy-related litigation, or other disputes, parties to complex commercial litigation often encounter questions regarding the value of a business, business interest, or assets. The assessment of value is a complicated endeavor that requires substantial expertise on generally accepted valuation principles and the experience to apply them properly to the situation’s unique circumstances. At BVA Group, our professionals have industry-leading valuation expertise, deep experience in applying that expertise, and a proven track record of helping our clients navigate complex valuation issues, particularly in situations involving litigation or disputes that have the potential to result in litigation.

Many of our valuation professionals are also litigation experts and, thus, maintain a unique perspective that enables us to provide valuable insight and guidance in connection with litigation. We consider each litigated valuation matter as a blank slate rather than pursuing a "cookie-cutter" approach, such that our opinions not only adhere to applicable professional valuation requirements and legal standards of proof, but also survive intense scrutiny from opposing parties and courts.

Our experts have significant experience in numerous types of valuation disputes, including:

  • Partner/shareholder disputes
  • Analyses of solvency in bankruptcy
  • Minority shareholder oppression
  • Post-M&A disputes
  • Distribution of estate and trust assets
  • Triggered buy/sell agreements
  • Loss of business value claims
  • Statutory mergers and appraisal rights valuations
  • Marital dissolutions

Through research, continuing education, and by maintaining active roles in various professional valuation organizations, our experts stay abreast of the most recent applicable court cases, legislation, and professional trends. Our professionals possess in-depth knowledge of proven and accepted valuation approaches and methodologies. We utilize and maintain numerous valuation resources, such as industry, market, and economic data, which result in credible valuation analyses and reports that adhere to applicable valuation standards.

As in other types of litigation, our valuation experts are often called upon to provide expert testimony at trial or arbitration. We are also sometimes engaged as consulting experts to assist in analyzing a case during its early stages. BVA’s valuation experts can be utilized in various capacities to assist in a given matter, such as:

  • Early case assessment
  • Assisting in discovery requests
  • Identifying key valuation issues
  • Assessing the magnitude of various aspects of a case
  • Analyzing the opposing side's valuation opinions
  • Assisting in settlement negotiations and mediation
  • Preparation of expert valuation reports
  • Preparing counsel for deposition and cross examination of opposing experts
  • Providing expert witness testimony