News & Analysis as of

Valuation

Why Register My Copyrights? The Benefits of Copyright Registration

by Jaburg Wilk on

Copyrights arise automatically when an original work is created. Copyrights protect “original works of authorship,” which include paintings, illustrations, sculpture, photographs, books, articles, poems, movies, songs,...more

Silicon Valley Venture Capital Survey – First Quarter 2018

by Fenwick & West LLP on

Background – We analyzed the terms of 200 venture financings closed in the first quarter of 2018 by companies headquartered in Silicon Valley. Overview of Fenwick & West Results – Valuation results were generally...more

Multiple States Considering Valuation Legislation

by Fox Rothschild LLP on

The Appraisal Institute reported that 21 pieces of legislation affecting the valuation profession are pending in 14 states....more

European Supervisory Authorities Make Recommendations to Address Risks in EU Securities, Banking and Insurance Sectors

by Shearman & Sterling LLP on

The Joint Committee of the European Supervisory Authorities has published a report on risks and vulnerabilities in the EU financial system. The ESAs are the European Securities and Markets Authority, the European Banking...more

Chancery Court Nullifies Cancellation of Certificate of Formation of Delaware LLCs

by Morris James LLP on

Parties who form Delaware limited liability companies to organize their business affairs do so to structure their relationships contractually. This enables them to organize the governance and economic rights in a manner...more

Ascertaining fair market value for "repo" trades under GMRA standard terms

by Dentons on

In the recent decision in LBI EHF v. Raiffeisen Bank International AG [2018] EWCA Civ 719, the Court of Appeal has considered the close-out valuation provisions for "repo" trades entered into under a Global Master Repurchase...more

Three Key Federal Income Tax Issues Raised by Cryptocurrencies

Cryptocurrencies – the original, and most famous of which, Bitcoin, was “designed” in 2009 by Satoshi Nakamoto (a pseudonym) – give rise to a number of tax issues, three of which we discuss in this article: (1) the effect of...more

E7: The DataSmart Method of Valuing Data Assets

by Ward PLLC on

Is your data valuable? Might be. Is all data valuable? Nope. How do you construct a data strategy that identifies what is valuable quickly so you can keep the good and dump the rest? In the second step of the DataSmart...more

In Case You Missed It: Launch Links - March, 2018 #3

by WilmerHale on

Some interesting links we found across the web this week: Investor Perspectives—Corporate Venture Capital - During January’s QuickLaunch University webinar, Partner David Gammell led a panel discussion of venture...more

New Royalty Valuation Recommendations

by Holland & Hart LLP on

On February 28, 2018, the Royalty Policy Committee (RPC) met in Houston to present recommendations for improving the Department of the Interior's (DOI) valuation of royalties from oil, gas, and coal produced on federal and...more

M&As – Novation and Recertification

by Williams Mullen on

In this podcast, we’ll address the who, what, when and why of obtaining government consent in the world of mergers and acquisitions....more

Delaware Chancery Court Finds Unaffected Market Price to Be Fair Value in a Post-Dell Appraisal Decision

by White and Williams LLP on

On February 15, 2018, in the statutory appraisal proceeding of Verition Partners Master Fund Ltd. v. Aruba Networks, Inc., the Delaware Court of Chancery decided that the “most persuasive evidence” of Aruba Networks’ fair...more

Delaware Appraisal Litigation: The Court of Chancery Holds That a Company’s Unaffected Market Price Constitutes “Fair Value”

by Dechert LLP on

In a recent appraisal decision, Verition Partners Master Fund Ltd. v. Aruba Networks, Inc. (Aruba Networks), the Delaware Court of Chancery awarded 30% less to the shareholders than they would have received had they not...more

Court Of Chancery Imposes Sanctions For Failing To Comply With A Scheduling Order

by Morris James LLP on

In RE Examworks Group Inc. Stockholder Appraisal Litigation, C.A. 12688-VCL (February 21, 2018) - As this decision again points out, a scheduling order is a court order that must be followed or sanctions will be imposed....more

Court Of Chancery Interprets Dell In An Appraisal Case

by Morris James LLP on

In RE Appraisal Of AOL Inc., C.A. 11204-VCG (February 23, 2018) - This is an important case for its comments on the Dell decision of the Delaware Supreme Court. The Court declined to use the deal price as evidence of the...more

Investment Services Regulatory Update - February 2018

by Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts – SEC STAFF GUIDANCE AND ALERTS - SEC Staff Issues Guidance on Cryptocurrency-related Holdings - On January 18, 2018, the staff of the SEC’s Division of Investment...more

WSGR Fintech Update - February 2018

Wilson Sonsini Goodrich & Rosati is pleased to present the February 2018 issue of the WSGR Fintech Update. This latest edition features an article discussing a letter recently issued by the SEC’s Division of Investment...more

Capital Markets Alert: SEC Approves NYSE Rules to Facilitate Direct Listings

On February 2, 2018, the SEC approved the New York Stock Exchange’s proposal to permit qualifying private companies to use “direct listings” to list their shares on the NYSE and become publicly traded without conducting an...more

SEC Staff Seeks Industry Engagement on Questions Regarding Development of Funds Holding Cryptocurrency-Related Products

by Dechert LLP on

The Director of the U.S. Securities and Exchange Commission (SEC) Division of Investment Management has outlined concerns of the SEC Staff (Staff) with respect to the registration of funds that hold cryptocurrencies and...more

The Guide to Damages in International Arbitration: Strategic Issues in Employing and Deploying Damages Experts

by WilmerHale on

Parties frequently engage experts to assist in developing, calculating and presenting their cases on damages to tribunals in international arbitration. Such experts may specialise in economics, finance or accounting, or...more

New rules for financial leasing in Italy

by White & Case LLP on

New rules establish a legal framework for financial leasing agreements in Italy.   Before the new rules, financial leasing agreements lacked a dedicated legal regime in Italy. Instead, Italian courts applied - at times...more

EU Customs Developments: September-November 2017

by White & Case LLP on

EU Customs Policy - UCC Implementation and Delegated Act amendments - Amendments to the Union Customs Code (UCC) Delegated Regulation 2015/2446 are still under consideration, with various expert meetings having taken...more

Failure To Plan and Inaction Lead To Increased New Jersey Estate Tax

by Cole Schotz on

The New Jersey Tax Court recently released its opinion in Estate of Ruth Oberg, NJ Tax Court, Docket No 000240 (October 24, 2017), upholding the Division of Taxation’s assessment of additional New Jersey estate tax. The case...more

The (Even More) Elusive Surcharge in Dissolution Proceedings

by Farrell Fritz, P.C. on

A year ago I wrote a piece called The Elusive Surcharge in Dissolution Proceedings highlighting the rare appearance in the case law of the surcharge provision found in Section 1104-a (d) of the Business Corporation Law. ...more

Bank of England Consults on Policy Proposals for the Valuation Capabilities of Firms to Support Resolvability

by Shearman & Sterling LLP on

The Bank of England has published a consultation setting out policy proposals on the minimum standard of valuation capabilities that firms should have in place to ensure that their valuations are sufficiently timely and...more

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