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Articles Posted in Valuation

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Lawyer Confidence May Be Poor Indicator of Results

Lawyers must evaluate cases and try to predict the most likely outcome.  To be successful, to attract and win clients, they must do so with confidence. A recent study of the accuracy of those predictions, however, reveals that lawyers are often overconfident and overly optimistic in their assessments of a client’s…

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Limited Liability Company Subject to Claims By Former Managers Holding Membership Interests

I often find myself counseling caution to business owners that want to use equity to reward or attract key employees.  The reason, quite simply, is that if the relationship sours, the employee not only has to be fired but you then have to deal — at best — with a…

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NJ Entire Controversy Doctrine Bars Claim That Former LLC Member Owns Factory

Without John Murray, the former CEO of Crystex Composites, LLC, the Clifton manufacturer of composite materials would likely not exist.  It was Murray who bought the plant in a bankruptcy sale and ultimately ended up with nothing for his efforts.  Murray’s failure, however, to assert that he was the rightful owner of…

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Exercise Care in Valuing Interests in New Jersey Business Breakups

A court orders a business valuation in a matter involving an oppressed shareholder claim. The appraiser, carefully applying the standards of his profession, sends an engagement letter describing a fair market value determination.  The appraisal will value the enterprise as a whole, then apply minority and marketability discounts.  The selling shareholder…

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