Author Archive
Business Appraisal Landmines in Buy-Sell Agreements
By: Mark A. Dayman & Bruce C. Wood [caption id="attachment_1378" align="alignnone" width="300"] Well written buy-sell agreements, whether stand-alone shareholder agreements or incorporated in partnership and operating agreements, facilitate business transitions even in the worst of times and are a crucial component of business planning. A poorly structured agreement complicates execution and leads to the very disputes it was intended to eliminate. Disputes related to the value of ...
Family Law breakfast presentation 01.04.2017
Family law section breakfast 01.04.2017 presentation final from Mark Dayman
Where Is Employment Law Headed?
I attended the November breakfast meeting of Atlanta’s Southeast Franchise Forum, a group I have been associated with for 15 years now. Matt Clark from Smith Gambrell & Russell provided an employment law update. The significance of the timing of course is that new overtime regulations are going live in two weeks. I had a few of “take-aways” I wanted to pass along. The NLRB, pushed by a liberal administration and NLRB make-up, has increased the ...
What You Need To Know About Franchise Value
People frequently ask me for help in valuing an interest in a franchise business location, or a franchisor. The concern is that a franchise means special issues are present and added considerations arise. In truth, however, franchisors and franchisees are valued using common appraisal theory, approaches, and methods. What is different how one approaches an understanding of the perceived level of risk associated with franchising, and the earnings capacity a buyer or seller might realize. The ...
The Economic Section of Business Appraisal Reports: Where’s the Beef?
The credibility of the appraisal profession suffers when economic sections of business valuation reports contain unfocused recitation of peripheral data. Misapplication of Rev. Rul. 59-60. It has been 56 years since the issuance of Revenue Ruling (Rev. Rul.) 59-60. 1 Its survival in its original form, and the fundamental reliance of most aspects of business valuation on its core precepts, suggest that the author (albeit apparently anonymous) of this Revenue Ruling should be acknowledged as the father or ...
Zero in on Discounts for Lack of Marketability in Family Law
Business appraisal is a mixing bowl of art and science. I recently attended a financial conference for family law professionals. One can easily observe expanding complexity in financial matters in family law. A significant driver is the increased sophistication of experts, lawyers, and triers of fact. Another driver of course is the increasing complexity of people’s financial affairs when viewed in relation to state statute and emerging case law. Sophistication has not been lost on Discounts for ...
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