Valuation

News & Analysis as of

Regulatory And Litigation Hot Topics For Private Funds In 2016

Private investment funds are likely to face increased regulatory scrutiny and litigation risk in 2016, not only based on the Securities and Exchange Commission’s focus on the industry but also due to transparency and...more

Record breaker: US M&A in 2015

As the dust settles from the explosion of US M&A activity in 2015, it is fitting to reflect on the forces that fueled the boom and consider what last year’s trends may tell us about the year ahead. The record year...more

Seed Investing: Understanding the Landscape - Part III

In this final installment of our series on seed instruments, we explore the Simple Agreement for Future Equity. Startup accelerator Y Combinator (YC) introduced a new seed-stage investing tool, safe—an acronym for...more

The Effect of Companies’ Late Stage Venture Financings on Their IPOs 2014 - 2015

To better understand the effect that the terms and valuations of late stage financings are having on IPOs, we undertook an analysis of the 41 US-based technology companies that went public in 2014-2015 and that had undertaken...more

FTC Announces New HSR Reporting Thresholds

On January 21, 2016, the Federal Trade Commission announced increases to the reporting thresholds and exemptions that, under the Hart-Scott-Rodino Act of 1976 (the “HSR Act”), dictate whether companies must notify antitrust...more

Expert Patent Valuation Opinion Based on Forward Citation Analysis Survives Daubert Challenge

Plaintiff Better Mouse Company's ("Better Mouse") filed a motion to strike portions of the rebuttal expert report and exclude testimony of Richard Eichmann. Better Mouse asserted that the district court should exclude Mr....more

Speculation Continues Regarding Potential Proposed §2704 Regulations

The general consensus among attorneys and accountants had been that the Treasury hoped to issue new proposed regulations under Section 2704(b) prior to this fall’s tax section meeting of the ABA, which was September 17...more

Fiduciary News - December 2015

Possible Changes Coming for Valuations of Family Limited Partnerships and Limited Liability Companies - For decades families have used family limited partnerships (“FLPs”) and limited liability companies (“LLCs”) as a...more

Appellate Court Notes

Appellate Court Advance Release Opinions: Released after 11:30 a.m. AC36320 - Valencis v. Nyberg - This decision upheld the granting of a PJR for ~ $1.5 million in favor of the plaintiff property owner when the...more

Personal Planning Strategies - December 2015

2016 Estate, Gift and GST Tax Update - What This Means for Your Current Will, Revocable Trust and Estate Plan - As we previously reported, the American Taxpayer Relief Act of 2012 (the "Act") made the following...more

2015 Wisconsin Act 90 Changes Numerous Insurance Provisions

On November 11, 2015, Governor Scott Walker signed Senate Bill 287 into law as 2015 Wisconsin Act 90. The law is a collection of miscellaneous changes and updates to Wisconsin’s Insurance Code, including technical corrections...more

Brand Valuation

Regulators in the U.S. are set to change the concept of “materiality,” or the determination of what information is necessary for companies to disclose publicly. While sales and earnings figures are important, Baruch Lev, an...more

Key Considerations for Companies Seeking Early Stage Funding

From accelerators to crowdfunding, and angel funding to venture capital, early stage funding is evolving. At the 2015 FOLEYTech Summit, the speakers on “Exploring the Evolution of Early Stage Funding” panel discussed some of...more

Commission publishes CRR AVAs Regulation

The Commission has published a draft Delegated Regulation concerning the making of additional valuation adjustments (AVAs) under the CRR....more

A Compilation of Enforcement and Non-Enforcement Actions

Non-Enforcement - SEC Decides Against Mounting an Appeal in Koch Ruling - The July 2015 ruling by the D.C. Circuit Court in Koch v. SEC will apparently not be challenged by the SEC. The Court ruled in that...more

SEC Enforcement Actions Against Investment Advisers

According to the SEC’s most recent financial report, as of August 2014, SEC-registered investment advisers managed $62.3 trillion in assets. Not surprisingly, investment advisers attract a great deal of attention from the...more

Canadian Investment Fund Regulatory Review for Q3 - 2015

The Canadian investment fund industry has been the subject of various regulatory developments in the third quarter of 2015. This bulletin provides a summary of certain key takeaways that will be useful for investment fund and...more

Environmental Stigma Can Reduce Value of Property - Application of a 5 Percent “Standard” Stigma Devaluation for Contaminated...

In a case that will have an impact on the owners of property that has been devalued as a result of environmental conditions, the Pennsylvania Supreme Court recently agreed that contaminated real estate could be appraised at 5...more

Mediation plus: Don’t leave money on the table - Two approaches to modifying mediation in difficult-to-settle cases

Mediation is the most widely used ADR approach today and has been for the past generation. In the course of becoming widespread it has also become predictable. It has become predictable that last month one party told me a...more

EBA Opinion on Mortgage Lending Value

On October 5, 2015 the European Banking Authority (EBA) published an opinion on mortgage lending value (MLV). The EBA has the mandate to develop the draft Regulatory Technical Standards (RTS) to specify criterial for...more

The United States Bankruptcy Court for the Southern District of New York Deals Loss to Lehman in Interpreting Loss Under ISDA...

In a blow to the Lehman Chapter 11 estates, the United States Bankruptcy Court for the Southern District of New York held on September 16, 2015 that Intel Corporation’s Loss calculation resulting from a failed transaction...more

MCD corrections in OJEU

A corrigendum to the Mortgage Credit Directive (MCD) has been published in the OJEU. The changes correct a reference to the “International Valuation Standards Committee”, which changed its name to the “International Valuation...more

The ERISA Litigation Newsletter - September 2015

Editor's Overview - It has been a little more than one year since the U.S. Supreme Court altered the legal landscape for litigating ERISA breach of fiduciary duty claims relating to the investment in employer stock...more

"New Regulations Address Outbound Transfers and Transfer Pricing"

On September 14, 2015, the Internal Revenue Service (the IRS) and Treasury Department proposed new regulations addressing the tax treatment under Section 367 of the Internal Revenue Code (the Code) of certain transfers by...more

Updated Static Mortality Tables Issued for Defined Benefit Pension Plans

In Notice 2015-53, the IRS provided updated static mortality tables for use by defined benefit pension plans under Section 430(h)(3)(A) of the Internal Revenue Code. The new tables apply for purposes of calculating the...more

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