AccountingWitness

Business valuation expert witness testimony

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Valuation disputes arise in M&A earn-outs, dissenting shareholder actions, divorce and marital dissolution, and partnership exits. An accounting expert witness opines on standard of value, normalization adjustments, discount rates, and market method comparability, always tethered to the facts of the record.

Counsel benefits from experts who can defend assumptions under cross-examination and explain why a particular income approach or guideline public-company method fits the subject entity.

Related topics

How We Approach This
PhaseWhat We DoDeliverable
1. Scope & Standard of ValueConfirm legal question, date, and valuation premiseValuation scope memo
2. Financial NormalisationAdjust historical earnings for non-recurring itemsNormalised financial model
3. Methods & Cross-checksApply income, market, and asset approaches as fitIndication range & sensitivity
4. TestimonyDefend assumptions, multiples, and discounts under oathExpert valuation report

Frequently asked questions

When should counsel retain a valuation expert?

Early retention helps frame discovery on historical financials, management projections, and comparable transactions before positions harden on standard of value and normalization adjustments.

What is the difference between fair value and fair market value?

The operative standard depends on statute, contract, or governing documents. Experts must identify which standard applies and document why their methods fit that definition for the subject entity.

How do experts defend guideline company selections?

When guideline companies differ materially in growth, margin structure, geography, or size, experts should document comparability adjustments rather than relying on raw multiples alone.

What is the Daubert standard for valuation testimony?

Under Federal Rule of Evidence 702, opinions must be based on sufficient data, reliable methods, and proper application to the facts. Transparent bridges from source documents to outputs reduce exclusion risk.

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