News & Analysis as of

Dispute Resolution Valuation

Troutman Pepper Locke

Expert or Arbitrator? — PE Pathways Podcast

Troutman Pepper Locke on

In this episode of PE Pathways, Partners Nick Stawasz and Dan Boland discuss the distinctions between engaging an expert or an arbitrator for resolving post-closing purchase price and earnout disputes in M&A deals. The...more

Bradley Arant Boult Cummings LLP

Seeking a Revenge Premium in Business Divorce: Resisting the Urge to Plunge Headfirst Into Quicksand

When longtime business partners in private companies go through a business divorce, emotions often run high. One or both of the partners may be seeking a “revenge premium” in the business divorce process based on their...more

Bradley Arant Boult Cummings LLP

Splitting the Pie Fairly: Using Creativity to Achieve a Successful Business Divorce

Throwing the baby out with the bath water is a pithy expression that suggests exercising caution when business partners in private companies are seeking to achieve a business divorce. The majority owner and the departing...more

Conyers

“Fair Value” In Appraisal Actions Under The Companies Act 1981 S 106(6)

Conyers on

On 4 February 2025, Martin J handed down judgment in Glendina Pty Limited & Ors v NKWE Platinum Ltd (2025) SC (Bda) 15 Civ. It is the first “fair value” appraisal claim on a merger or amalgamation under the Companies Act 1981...more

IR Global

ESG Litigation is Increasing – 3 Tips to Navigate Disputes

IR Global on

The greentech industry is recognized as one of the key subsectors of the ESG investment world. Energy transition to renewables is the new industrial revolution. It is a global win-win-win for bolstered economic strength,...more

J.S. Held

Appraisal Guidelines for Useful Results (Third Edition)

J.S. Held on

“Appraisal” is a procedure typically mandated by state law or outlined in an insurance policy. Appraisal is a dispute resolution procedure intended to provide insurers and policyholders with a method to award the measurement...more

Conyers

Cryptocurrency: the Next Chapter in the Valuation Conundrum

Conyers on

Earlier this week, the Singapore High Court handed down a decision concerning cryptocurrency valuation in the context of assessing damages for breach of contract and made some important observations in the process. The Court...more

Proskauer - The Capital Commitment

Ongoing Capital Challenges Portend Continued Portfolio Company Litigation Risk in 2024

Economic headwinds and the interest rate environment that developed over the course of 2023 increased financial stress on portfolio companies and portend heightened litigation risk in 2024 for portfolio companies and their...more

Conyers

Trina Solar: A Warning Regarding Reliance on Merger Price and Deficient Disclosure in s238 Proceedings

Conyers on

The successful appeal by dissenting shareholders in Trina Solar provides key insights into the importance of establishing a robust merger process, the company’s burden to make all relevant information available in appraisal...more

NAM (National Arbitration and Mediation)

Valuation Disputes and Disagreements – ADR Could Be the Solution for Dissolution

The New York Law Journal Alternative Dispute Resolution (ADR) Special Report - Valuation disputes arise in many contexts. Whether a legal dispute over a business dissolution or equitable distribution disagreement in a...more

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